Citizenship Thru Self Or Spouse

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reddyrx

Registered Users (C)
I got my GC thru a company but did not work for them after i got my GC.
during my citizenship interview, the IO asked i worked with my GC sponsor, I said no due to the company not doing that well.

If they deny my N400 application, can i claim the i485 6month job change rule(i changed jobs after 6months of applying for 485)

or
if my spouse gets her citizenship(she passed the interview), can i apply n400 as spouse, if so do i need to wait another 3years.(we have been married 9years and had GC for 5yrs)

any ideas/replies are appreciated.
tx
 
Hope for a positive outcome. The negative would be that if your Green card gets revoked, this could cascade into the rest of your family, I believe even naturalization, as all those benefits would have derived from a immigration benefit that shouldn't have been granted. This is the worst case scenario, hopefully it won't get that bad. Perhaps it would be good to look around for a good immigration lawyer, in case you have to fight to keep your GC or any denial of your naturalization application.

My 2 cents.
 
The fact that he didn't get approved at the interview does not bode well. I don't see how you can claim a job change rule if you never worked for the company who sponsored your green card. For USCIS, this is a serious fraud case. You also cannot re-apply based on a 3 year marriage to a citizen. The rule requires your wife to be a citizen for all 3 years that you were married.

Ultimately, it wouldn't make any differience anyhow as IO considers how you obtain your green card in all cases. Here's a real bad news - if you get denied this time, you'll most likely get denied again. The denial decision will go in the record and it will always be relevant for cosiderations of any future applications.
 
I agree with equate.
If you do get denied it will stick on your file and if you file other or new applications in the future they see that you have been denied for whatever reason for something in the past.
It is also true that if you get a Employer Sponsored Visa but you NEVER worked for the company doesn't matter it is fraud to the USCIS. If you have worked for them but never let the USCIS know about a change of work or whatever you might get away with something. Don't hold me on that though. I am not an immigration Attorney.
From what I gather about your wife and you and the citizenship. Yes you are married for 9 Years but your wife would have to be a citizen for 3 years for you to apply with a N-400 form. I think I am right on that.
If I were you ... and I hope you can afford it and are able to ... go seek help with an attorney and maybe/hopefully he can help you out.

Good Luck !
 
reddyrx,

I am more positive than some other posts here. I believe you still have a good chance of getting an N-400 approval. Even though my experience on the forum is limited but I have not seen cases where an Employment related case was denied (not working for the Sponsor that is). Here is a post with positive outcome:

http://boards.immigrationportal.com/showthread.php?t=241667

Another reason for being positive is that there was a post today with the excerpts out of Field Manual of the Immigration Officer stating that your GC cannot be revoked straightaway, but can be placed for removal proceedings (there is a chance to fight even after the application denial):

"If the applicant unlawfully adjusted status in the United States and has been a LPR for less than five years, you can rescind his/her LPR status under section 246 of the Act (see chapter 26 of this field manual). If the applicant unlawfully adjusted status in the United States and has been a permanent resident for more than five years, a five-year statute of limitations prevents you from rescinding the LPR status under section 246. However, you can still deny the naturalization application under section 318 if the applicant did not lawfully acquire permanent resident status. You should also speak to your supervisor about placing the applicant in removal proceedings".

One question though, Did you work under the same category of employment as the one on your labor approval of the Green card petition? AC21 might have a bearing here if you held the same job classification that was on your immigration/GC petition.

And of-course, do consult a good immigration attorney.
 
koolvik7 said:
reddyrx,

I am more positive than some other posts here. I believe you still have a good chance of getting an N-400 approval. Even though my experience on the forum is limited but I have not seen cases where an Employment related case was denied (not working for the Sponsor that is). Here is a post with positive outcome:

http://boards.immigrationportal.com/showthread.php?t=241667
[/COLOR][/I]
Click to expand...
How is that example any relevant to the case presented here? In your example, the person actually worked for the company but got fired. He never had any issue at the interview. In the present case, the issue became serious enough to postpone the decision. Apples and oranges.
 
equate said:
How is that example any relevant to the case presented here? In your example, the person actually worked for the company but got fired. He never had any issue at the interview. In the present case, the issue became serious enough to postpone the decision. Apples and oranges.
Click to expand...


Good points equate (I personally like oranges better than apples), we are talking about hope in here as reddyrx's N-400 decision is still pending. I am an optimist and have a feeling that his case will be approved. I know of at-least two cases (obongo, PR2001Cit2007) on this forum who did not work for their Employer at all and were approved for the citizenship. Obongo did not use AC21 while PR2001Cit2007 did. Though I must add that they were not asked the direct line of questioning as reddyrx was directly asked.

Here is another link of an attorney's interpretation of AC21, that gives me further credence that reddyrx will be approved.
http://immigration-information.com/forums/showthread.php?t=2038

Moderators: My apologies for posting an external link but equate made me do this (just kidding). If I am violating any policy, please send me a PM or an email and I will remove it.

Good luck reddyrx, please keep us posted. I know rajmash has also been lingering around here waiting to see the results of AC21.
 
Just a clarification, I did work for my GC sponsor till the date i changed my job, which is 6 months after filing for i485.

does this make any difference.

I appreciate all your replies and the info provided.
 
Igp
sorry, but how do i do that, just calling the toll free number listed on n400 receipt? or what is an infopass
 
reddyrx said:
Just a clarification, I did work for my GC sponsor till the date i changed my job, which is 6 months after filing for i485.

does this make any difference.

I appreciate all your replies and the info provided.
Click to expand...

Yes infopass would be helpful to know the current status of your case. Also, could you please answer whether you worked under the same Employment category (Job Type) as the labor approval of the Green card petition? (AC21 might have a bearing here if you changed to the same job classification). However, it allows you to change job 18 months after the filing of I-485 and you have changed after 6 months.

Keeping the fingers crossed.
 
KK7
the answer is yes and no
yes i did work within the same job duties but my title was different.
for example, accounting to vp of finance.
 
So you DID work for the company after green card (unlike you initially stated). That improves the situation more favorably. I do not believe the job title is too important as long as it was within the same company.
 
euate
no i did not.
worked with company A till 6mos after filing 485
switched to company B for a better postion in the same job function.
company A and B are owned by same investors but company A is no longer in business.
 
Reddyrx,

I take it that your interview is actually over ?? If so - what did the IO tell you at the end of the interview? He should have handed you an N-652 form that tells you either "Congratulations ....." or "A decision cannot be made yet" (and then the reason for that.)

Did you get an N-652 at all or is your interview not over yet?
 
I hope that everything works out alright for you and your family. I have tried to do some research on issues of revocation. It looks like beyond 5 years of having a green card, it is not that easy to revoke it. I would guess, most people who apply for citizenship have had the green card for over 5 years at time of naturalization interview. That would have been my worry, that not only your naturalization gets denied, but also your green card revoked, and that of your family if it derived from your green card. I would call this a "domino effect". On the same token it seems that derived citizen is also revoked in case the original naturalization gets revoked. I mean, if your son or daughter derived citizenship from you and you lose your citizenship they also lose theirs. Anyway, I hope it doesn't get that bad and you can successfully naturalize.
 
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