Got laid off the next day after GC approval. When should i file for citizenship

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madhuri_dhar

Registered Users (C)
I got laid off the next day of my GC approval. I heard the message on INS's automated phone system that my case has been approved the previous night and the next day, got a call from my employer about my lay-off.
I still got the I-485 approval letter from employer's attorney the next day and went to the INS office soon after that to get my passport stamped with GC.

I will be completing 4 yrs and 9 months GC period soon. My question is - should i just apply for citizenship after 4yrs+9mths or wait till 5 years (given above circumstances). I heard that INS cannot question the adjudication of I-485 after 5 yrs. period is completed.

I'll greatly appreciate any advice on this. I know since i waited so long, i can wait another 3 mths and complete 5 yrs. but why wait if this is not going to be an issue at all.

Thanks!
 
IMO, just IMO, INS would not even bother why or when you got laid off. Did they bother about your work history? Probably not. If you have a lay off letter just carry it. BUT DO NOT SHOW it to him unless asked. Volunteering inforamtion is PRETTY USELESS and CAN LAND YOU IN TROUBLE.

Just do not talk about it. Talk about all other things. This INS interview is NOT a job interview. They would not even look at your work history. They are more interested abour moral behavior like whether you hit your spouse and went to jail or caused an accident and ran away from it :)

Just carry every paper but show ONLY those that are asked for. If asked, just mention about your lay off - do not give dates. Just say, I got laid off after GC was granted (DO NOT TELL ANYTHING UNLESS ASKED)

Now about applying for N400. Go ahead and apply at the end of 4 y 9 mo. You are all set - again this is IMO
 
Thanks WouldBeCitizen, JoeF for replying. I'll most probably be applying right after 4yrs+9mths (the nearer it gets, the harder it becomes to wait... )

But the question still is -- can they deny /delay my application based on the fact that i didn't continue with the same company who sponsored my GC (even though i couldn't have helped it as *they* laid me off). Also when do they look at this information? On the 'interview day'?
 
madhuri_dhar said:
Thanks WouldBeCitizen, JoeF for replying. I'll most probably be applying right after 4yrs+9mths (the nearer it gets, the harder it becomes to wait... )

But the question still is -- can they deny /delay my application based on the fact that i didn't continue with the same company who sponsored my GC (even though i couldn't have helped it as *they* laid me off). Also when do they look at this information? On the 'interview day'?
Click to expand...

the interview officer reviews your case prior the interview and will go thru with you during the interview as well. it is not your fault of being laid off. do you have the laid off notification from the previous company? how long were you unemployed until you found the next new job?

just prep the questions might be asked to you. however, i can't see you have much things you can do. what you got laid off after you got the green card is a fact. in case if they deny you, you might want to require a hearing of why, and might want to hire a good lawyer to go with you. of course, you still have a long way to go. good luck.
 
Yes, I do have the separation letter from my sponsoring employer. Also, i was out of job for about 2 months before i found a new one.

But under the current portability law (where you're required to continue with your sponsoring employer for 6mths of 1-485 filing and can change employers after that) , can they still question me on this?
 
madhuri_dhar said:
Yes, I do have the separation letter from my sponsoring employer. Also, i was out of job for about 2 months before i found a new one.

But under the current portability law (where you're required to continue with your sponsoring employer for 6mths of 1-485 filing and can change employers after that) , can they still question me on this?
Click to expand...

but at the time you got laid off, did they have the "portability law"? i am not too sure since i left the sponsoring company after i got the green card for 4 yrs.

may be have to read the law to see when the law became affected.
 
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