Friends dilemma? When is good time to file for Citizenship?

[sciconf]

He is eligible to file now;

The field he was working is not so hot anymore. Since getting GC, he didn't work much - went to school for Masters - tried some startups.

Since graduating in Dec been trying to get a job - he has savings so he is fine - he is scared about applying for Citizenship? There are other jobs related to his specialization that he is not eligible due to security clearance.

Any recommendations? Advice?

 

[nkm-oct23]

Why is he scared?

 

[sciconf]

His unemployment situation.

 

[nkm-oct23]

Why should he be scared if he is unemployed? It is not a crime to be unemployed nor is it a disqualification for citizenship.

 

[sciconf]

Why should he be scared if he is unemployed? It is not a crime to be unemployed nor is it a disqualification for citizenship.

So on N-400, for Part 6, B. - is that ok to have gaps?

Also, should he also list any professional dev courses offered at Univ extension resulted in certificate?

 

[nkm-oct23]

So on N-400, for Part 6, B. - is that ok to have gaps?

Also, should he also list any professional dev courses offered at Univ extension resulted in certificate?

That is exactly what I said in my previous post. If he went to school list that too.

Is your friend so scared that he is unable to post the question for himself? Or is it that you are posting for yourself pretending to be the friend?

 

[sciconf]

Is your friend so scared that he is unable to post the question for himself? Or is it that you are posting for yourself pretending to be the friend?

Irrelevant - nosy - waste of BW. I am proof-reading. Hope your next question isn't what kind of relationship I have with him-

 

[Jackolantern]

If it wasn't an employment-based green card, there is no requirement for him to ever be employed for a single day.

However, if he has long periods of unemployment, particularly for periods during which he was not studying, he may be asked to explain how he was financially supported during the unemployment. The interviewer may ask him to provide proof, such as the spouse's or parent's tax transcripts if they were supporting him, or account statements if he was living off savings, etc. This is to dispel suspicions that he was making money from criminal activity or working under the table without paying taxes.

 

[sciconf]

If it wasn't an employment-based green card, there is no requirement for him to ever be employed for a single day.

However, if he has long periods of unemployment, particularly for periods during which he was not studying, he may be asked to explain how he was financially supported during the unemployment. The interviewer may ask him to provide proof, such as the spouse's or parent's tax transcripts if they were supporting him, or account statements if he was living off savings, etc. This is to dispel suspicions that he was making money from criminal activity or working under the table without paying taxes.

It was on the #1 category - employment - held O-1 visa.
He supported on savings, spouse's PT job.

It appears that you have a different perspective - is my friend's concerns are valid?

 

[Jackolantern]

It was on the #1 category - employment - held O-1 visa.

But what exactly was the category of the green card? Was it a self-sponsored EB1-Extraordinary Ability? If yes, he may need to explain his lack of employment in the field of his extraordinary ability. Citizenship being required for his kind of jobs would be a good explanation.

 

[sciconf]

But what exactly was the category of the green card? Was it a self-sponsored EB1-Extraordinary Ability? If yes, he may need to explain his lack of employment in the field of his extraordinary ability. Citizenship being required for his kind of jobs would be a good explanation.

self-sponsored EB1-Extraordinary Ability

 

[Jackolantern]

If he has concerns about them challenging the validity of his GC, he should apply after the 5-year GC anniversary. That's because if they have not initiated revocation before the 5-year mark, USCIS has a much higher burden if they want to revoke the GC.

 

[sciconf]

Was it a self-sponsored EB1-Extraordinary Ability? If yes, he may need to explain his lack of employment in the field of his extraordinary ability. Citizenship being required for his kind of jobs would be a good explanation.

Would this be needed in an interview? Do one has the option to have the date re-scheduled w/o serious issues?

 

[sanjoseaug20]

Is he just "eligible to file" as you said in the first post, or has he "already filed"?
There are usually no consequences of rescheduling an interview.
But an IO can ask anything depending on his/her reading of the file.

Unemployment is part of life. It happens. However, seeing this case from the eyes of a nosy IO, I would like to know if the friend was employed for the first 6-12 months of the GC, in the field the friend was self-sponsored? 6 months is typically the expectation not to leave your employer if an employer was sponsoring the green card, I am using the same yardstick for someone who sponsored himself.

 

[Bobsmyth]

If he has concerns about them challenging the validity of his GC, he should apply after the 5-year GC anniversary. That's because if they have not initiated revocation before the 5-year mark, USCIS has a much higher burden if they want to revoke the GC.

That's assuming USCIS would attempt revocation immediately after an applicant files under 90 day rule which is highly unlikely given that an interview would be the trigger for USCIS to start such action. Even if the interview is scheduled before the 5th year mark, the applicant can always request to reschedule.

 

[Bobsmyth]

Why should he be scared if he is unemployed? It is not a crime to be unemployed nor is it a disqualification for citizenship.

Likely scared in the sense that he's concerned his lack of employment under his specialty category would raise flags at naturalization.

 

[sciconf]

Is he just "eligible to file" as you said in the first post, or has he "already filed"?
There are usually no consequences of rescheduling an interview.
But an IO can ask anything depending on his/her reading of the file.

Unemployment is part of life. It happens. However, seeing this case from the eyes of a nosy IO, I would like to know if the friend was employed for the first 6-12 months of the GC, in the field the friend was self-sponsored? 6 months is typically the expectation not to leave your employer if an employer was sponsoring the green card, I am using the same yardstick for someone who sponsored himself.

He did two things in parallel:
- He (licensed a technology from a Lab and) worked on a start-up in his expertise (which he hasn't put in there as it was never incorporated) - should he?
- Went to Biz school to get knowledge to execute the above.

 

[sanjoseaug20]

- He (licensed a technology from a Lab and) worked on a start-up in his expertise (which he hasn't put in there as it was never incorporated) - should he?

Like many said, employment is not a requirement for naturalization. However, the above does not sound good ... sounds like there was no payroll at all. It is an issue if they open up employment history. If they don't, then it won't (echoing steve jobs from day before).
As Jack said, apply after 5 years are fully up.

 

[Jackolantern]

That's assuming USCIS would attempt revocation immediately after an applicant files under 90 day rule which is highly unlikely given that an interview would be the trigger for USCIS to start such action.

True, they probably won't initiate anything before the interview, but they do sometimes review the N-400 before the interview and the 5-year deadline could prompt a hostile IO who is aware of the 5-year clock to initiate rescission proceedings ASAP to beat the deadline. Remember they don't have to have a fully formed case against him, they just need to initiate it before the cutoff in order to preserve the rescission option, with the plan to drop the proceedings if the applicant defends himself adequately in the interview.

Sure it's unlikely they'll do that, but not impossible, so if the individual is concerned about such a thing it's better to wait out the 90 days.

 

[Bobsmyth]

...the 5-year deadline could prompt a hostile IO who is aware of the 5-year clock to initiate rescission proceedings ASAP to beat the deadline.

This seems pretty far fetched. I doubt that IO's who preview cases for initial processing look out for such things, let alone bring them up before the interview process to initiate immigration proceedings. I have yet to see a naturalization applicant have immigration proceedings logged against them before the interview has taken place.

Sure it's unlikely they'll do that, but not impossible, so if the individual is concerned about such a thing it's better to wait out the 90 days.

It's also not impossible that you won't crash your car on the way to work, but that doesn't mean you should stop driving altogether.