Citizenship - I was laid off 1 month after GC, then took 2 yr re-entry permit....

S

SouthJerseyDesi

Registered Users (C)
Here's my situation:

Filed immigration EB3 in US in 1995, then returned to India. Labor certification (1997).

Interview at US consulate (2000) in middle east, where my husband was working in a private company.

Immigrated to US (I485) on Jul 2001. Joined company that sponsored me, but got laid-off after one month.

Left US in Aug 2001 and returned to US in Dec 2001 to get 2-year re-entry permit and then left US in Jan 2002.

Permanently returned to US in Mar 04 (after 2 years 3 months, before expiration of re-entry permit)

My husband continued to travel 2 - 3 time / year to US from July 2001 till Dec 2006 to maintain LPR, and then he moved here permanently.

In 2005 - 2006, the company that sponsored me hired me twice on 2 months assignments and issued W-2.

From 2001 onwards, jointly filed tax returns with my husband as US residents declaring all our global income.

My question is, if I apply for N400, will my application be denied because I worked only for one month for my employer after GC (because he fired me), and then left USA for 2 years?

If my N-400 application is denied, will there be removal proceedings initiated against me?

Please advise, if I need attorney to accompany me to the interview.

Your help would be greatly appreciated.
 
When was your green card approved, and on what basis did you move back to the US to be able file the I-485? H1B? H4? When was your I-485 filed? Did you work for the sponsor after I-485 filing but before GC approval? For how long?

I think you'll be OK, but please clarify some things because your answers may affect your chances. It's odd that you interviewed at a consulate but also filed I-485. Was the consular interview for an H visa, or for the green card?
 
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I think she has stated her situation pretty clearly. She entered US in 2001 on green card.

I don't think there is anything you need to worry about. Everything you have done is legit. You entered in 2004 with a valid re-retry permit. There is nothing they can use to deny your citizenship.
 
I don't see why they would deny your case since you were laid off by sponsor and properly filed for reentry permit. You might be questioned about your circumstances, but they don't preclude you from naturalization.
 
ncnat said:
I think she has stated her situation pretty clearly. She entered US in 2001 on green card.
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No it's not clear. Both I-485 and consular interview are mentioned. It doesn't make sense that there was a consular interview in 2000 followed by an I-485 in 2001, unless the consular interview was for something other than a green card.
 
Jackolantern said:
No it's not clear. Both I-485 and consular interview are mentioned. It doesn't make sense that there was a consular interview in 2000 followed by an I-485 in 2001, unless the consular interview was for something other than a green card.
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The way I read it is that the consular interview was for EB3 visa, and that the OP obtained I-485 in 2001.
 
Bobsmyth said:
The way I read it is that the consular interview was for EB3 visa, and that the OP obtained I-485 in 2001.
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EB3 visa? What is that?

If the consular interview was for an immigrant visa, upon approval the immigrant visa would have been granted shortly thereafter, and the person would enter the US with the visa as a permanent resident so there would be no need for an I-485.
 
Jackolantern said:
EB3 visa? What is that?

If the consular interview was for an immigrant visa, upon approval the immigrant visa would have been granted shortly thereafter, and the person would enter the US with the visa as a permanent resident so there would be no need for an I-485.
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EB3 visa is employement based immigration visa.The OP filed I-140 under EB3 category in 1995 and had consular interview in 2000. The I-140 was approved and OP came to US in 2001 as permanent resident.

The OP never mentioned they filed I-485 in US; perhaps you're making that assumption?
 
Jackolantern said:
There is no such thing as an EB3 visa. There is an EB3 preference category.
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The State Department calls it a visa, I'll stick to that terminology.

http://travel.state.gov/visa/immigrants/types/types_1323.html

Jackolantern said:
Reread the original post, the 4th line:
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And how do you equate AOS from I-140 consular processing to filing for I-485 in the US? The way I read it is that OP had interview and was granted LPR status and arrived in US in 2001. The OP may have mentioned i-485, but I think really is trying to say arrived in US under LPR status.
 
Bobsmyth said:
The OP may have mentioned i-485, but I think really is trying to say arrived in US under LPR status.
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Perhaps that was meant, but I-485 was mentioned, so I asked for clarification.

So far this is shaping up to be another case of a new poster writing a confusing or ambiguous post and never showing up to clarify anything or provide updates.
 
Jackolantern, ncnat, and Bobsmyth, Thank you for your reply.

My sincere apology for ambiguous statement about I 485.

I wrongly mentioned about I 485 (which I understand is adjustment of status while you are in US).

My husband worked here on H1 (1994 - 97), I visited US on H1 in 1995 and in 1997 for few months each, and in 1997 we all left for ME.

Applied for immigration (under EB3 category) in US in 1995, but never worked for the company that sponsored me.

Labor certification (1997). Interview for LPR at US consulate (2000) in ME. Arrived in US in July 2001 as permanent resident.

Again, sorry for the confusion and thank you all for your help!

My concern still remains about getting laid off from my job after 1 month, and then applying for 2 years re-entry permit.

Several forum discussions suggest working for your GC sponsor for a minimum of 6 months to safeguard you for N-400.
 
You should be OK ... you worked for the company post-GC, even though it was just a month, and it was the company that laid you off, not you leaving them. Also, because the N-400 only asks for 5 years of employment history, the interviewer won't see that you left so soon, although they can ask about about employment more than 5 years ago if they want. If you have proof that you actually worked for them and proof that they laid you off, that will make things smoother if the interviewer decides to bring up the issue.
 
Jackolantern said:
If you have proof that you actually worked for them and proof that they laid you off
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The OP later said in that first post, "(because he fired me)" that could add some issue as opposed to being laid off.

In a later post the OP said, "but never worked for the company that sponsored me."

Are we getting the full story here? It is very difficult to comment accurately on this shifting information.
 
WhichWay2Go said:
In a later post the OP said, "but never worked for the company that sponsored me."
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I interpreted it to mean never working for the company before GC approval, not never ever working for the company.
Are we getting the full story here? It is very difficult to comment accurately on this shifting information.
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True ... the ambiguity continues.
 
I did not work for the company (that sponsored me) before my GC, but I worked there for one month after my GC in 2001. At that time US economy was in recession that started in Mar 2001. Many people were laid off, and unemployment was rising. When I joined in July 2001, around that time my company lost some key customers that resulted in cost cutting measures, as a result of which I was laid off.

From N-400 interview perspective, (a) can loosing job because of cost cutting measure be considered acceptable? (b) Would I be asked to provide any evidence to support that I was laid off and did not resign, or lost it because of any fault of mine? (c) If so, what proof can I show them?
 
SouthJerseyDesi said:
From N-400 interview perspective, (a) can loosing job because of cost cutting measure be considered acceptable? (b) Would I be asked to provide any evidence to support that I was laid off and did not resign, or lost it because of any fault of mine? (c) If so, what proof can I show them?
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(a) yes.
(b) Probably not, but it's possible if you get a hostile or very picky interviewer
(c) The employer should have given you some kind of letter when you were terminated. You may be able to go back to them to get a copy if you lost it.
 
(a) yes.
(b) Probably not, but it's possible if you get a hostile or very picky interviewer
(c) The employer should have given you some kind of letter when you were terminated. You may be able to go back to them to get a copy if you lost it.
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Thanks Jackolantern for your reply.

I have a letter from the company telling me that my services are not required because of the reorganization (i.e. cost cutting) of the department. I presume that letter should suffice?

But, I still remain concerned about the 2 year exit-permit I took after I lost my job. Can that be an issue during N-400 interview?

The reason I took 2 year exist-permit was because after I lost my job, I got very scared. I feared that I may not be able to find another job.

Thank you all for your support.
 
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