got GC when unemployed what happens to N400?

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krajan02

Registered Users (C)
Hi I got my GC back in april 2002. I got layed-off just a few months before that and since i had completed all my processing and was just waiting for the final GC approval my lawyer suggested not to do anything and as expected i got my GC.

Fastforward to 5 years later and i am ready to file for my citizenship but i am really worried about the employment question on the n-400 form which asks for last 5 years of employment.

If i file n-400 with the correct info will INS figure out that i did not have a job at the time of getting my GC based on my w2 tax returns ect?

The abvious thing to do would be to wait sufficiently longer then 5 years so that i dont have to list any of the 2002 employment but i dont want to wait anymore.

would appreciate any help.

Thanks!
 
Well, I guess you can't have the cake and eat it too. What would you like us to say, give you soothing words? ;) Some people will advise you to wait, as you have already mentioned. This is probably a sound advice. If you don't have a strong reason why you can't wait any longer I would suggest you to wait. If you have a very strong reason to apply now, then go ahead and apply, but nobody can tell you for sure what will happen, as each case is different.

My 2 cents.
 
I agree with Hurcan, there is no fool proof response that can be given to you. I had the same case with me also btw, as I was, sort of, let go before getting my Green Card ( a day{[1] one day} in my case). You can read my interview experiences and prepare for your interview.... Hope that helps.
 
No need to worry

krajan02 said:
Hi I got my GC back in april 2002. I got layed-off just a few months before that and since i had completed all my processing and was just waiting for the final GC approval my lawyer suggested not to do anything and as expected i got my GC.

Fastforward to 5 years later and i am ready to file for my citizenship but i am really worried about the employment question on the n-400 form which asks for last 5 years of employment.

If i file n-400 with the correct info will INS figure out that i did not have a job at the time of getting my GC based on my w2 tax returns ect?

The abvious thing to do would be to wait sufficiently longer then 5 years so that i dont have to list any of the 2002 employment but i dont want to wait anymore.

would appreciate any help.

Thanks!
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krajan02,

First of all, please be assured that you have not done anything wrong or illegal.. You got your green card thru the right channel. There was no fraud or cheating involved. You don't have to hide or lie about anything. You did not obtain your green card on some fraud basis. With that said, yes you did get laid off...BIG DEAL, but was that in your control? NO. If you didn't deserve the that green card that you are currently holding, it is your company's fault, they should have reported to INS. Now, for God's sake I don't think there is anybody on this forum who would go out of the way to call USCIS and report that they have lost their job & they don't deserve the green card so the process should be stopped immediately. So don't worry, you are ready to file N-400 now. Don't be nnervous. Go ahead and apply for your Naturalization. You can take your W-2 and other tax returns along with you, but they rarely asks you for your tax returns on the day of your interview. You are all set. Good luck.
 
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If the GC was employment based, and you didn't avail yourself of AC21 after losing your job with the sponsoring company, then there are legal issues which may come up; an EB GC is approved on the basis of a future job offer that much exist once the LPR process is complete. If the job offer is rescinded, and you have not availed yourself of AC21, there is no basis for the GC, and thus USCIS has every right to revoke it.

In reality, its not usually that simple for USCIS to revoke a GC, so I think it would be an unlikely scenario. Never the less, you may well be given a hard time during a natz interview, which is why most people will recommend you wait a little longer for the 5yr employment history to move on. An extra 6 months to 1 year would probably be appropriate.
 
thank you guys this is very useful especially N400 SNA's experience. so even if i were to wait for say another 6 months so that i can avaid the "shady" period what prevnts the office to not ask about my GC sponcering eomplyer. I mean they would probably want to know how long i wokred with the employer who sponered by GC right? or do they just focus on the periods listed on the application?
 
krajan02 said:
thank you guys this is very useful especially N400 SNA's experience. so even if i were to wait for say another 6 months so that i can avaid the "shady" period what prevnts the office to not ask about my GC sponcering eomplyer. I mean they would probably want to know how long i wokred with the employer who sponered by GC right? or do they just focus on the periods listed on the application?
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Depending on the officer, he could ask you anything. He definitely has the right to ask you about how you got your GC and the company you had worked for during your GC sponsorship process. As I sated before, If I were you, I would apply for N-400 now. It's your call.
 
krajan02 said:
thank you guys this is very useful especially N400 SNA's experience. so even if i were to wait for say another 6 months so that i can avaid the "shady" period what prevnts the office to not ask about my GC sponcering eomplyer. I mean they would probably want to know how long i wokred with the employer who sponered by GC right? or do they just focus on the periods listed on the application?
Click to expand...

Thats right. there is nothing stopping for the IO to ask about the GC sponsoring employer. I Think as long as you have sufficient documentation that it was not your decision to leave the job and you have not changed your fields after you lost your job, you should be fine. Ideally, we (including me) should have notified USCIS (then INS) about the change of job and invoked the AC21 provision. Certainly it didnt happen, so rather than crying over the spilled milk, I would say gather evidence and be prepared for some questioning.

Good Luck and dont worry about it much,
 
thankyou guys, i am going ahead with the filing and am not going to worry about it anymore.

Cheers
 
I would like to wish you good luck. Hopefully this will not come back to haunt you. In the worst case scenario, I hope this lawyer of yours provides you pro bono services for taking his advice in 2002!!!

krajan02 said:
Hi I got my GC back in april 2002. I got layed-off just a few months before that and since i had completed all my processing and was just waiting for the final GC approval my lawyer suggested not to do anything and as expected i got my GC.
Click to expand...
 
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