Help: Second Citizenship Interview (EB-1)

[koiadmi]

Hello

My sister in law became permanent resident based on Priority Workers
Employment EB-1 category. She never worked at the company which offered
her the employment (referred in the EB-1 application). Once she met the company ppl in US, she never wanted to work at the place because the management was horrible. She remained legal though in the country all the time, working for some other companies.

Now after 5 years she appeared for citizenship interview, and the
officer objected to her not having worked there for anytime. He didn't
deny the application right away, but said someone else might look into
this. The paper she got from him, was OK with everything. But she got a
2nd interview notice within 2 weeks, "to explain some deficiencies that
arose".


Now, what are her options?

1. Can she explain this to the INS officer, and would they accept this
explanation? What else could she say to them?


2. Also, if she is denied 2nd time, can she appeal?


3. If she is denied 2nd time, can she withdraw the citizenship
application?


Thanks

 

[hadron]

I suggest your sister should get VERY competent counsel ASAP.

At this time, she is in danger of loosing her green-card and being put in removal proceedings during her next interview.

If someone is self-sponsored in the EB-1 category, they are not required to work any particular job, just in the area of special expertise that the EB-1 petition lined out.

If a company sponsors someone for immigration, that person is required to take up employment with this company after he enters the country on a visa (or once an adjustment of status request is approved). Customarily, USCIS considers a period of a 3-6 months of staying with the company to be evidence of the employees will to work for the company 'permanently'. After that 'decency period' one is free to leave.

Your sister in law is in deep s###. Apparently, they have caught on to the fact that she obtained her green-card under a false pretense (employment offer by a particular company that she didn't end up working for). With a good attorney, she should be able to demonstrate that she actually worked in the area of her 'extraordinary ability' and that there where extenuating circumstances that kept her from working for the sponsoring employer. Do not take this lightly. USCIS is slow, but not stupid. They will let people get away with 99% of screwy stuff. But if they decided that they want to get you, they are relentless (A couple of years ago they tried to deport a nurse from texas childrens hospital to Uganda after she had worked at TCH for 10+ years, all based on some formalities).

 

[koiadmi]

Thanks !

Can she withdraw her citizenship applicantion? Or postpone interview indefinietly?

Thnaks

 

[hadron]

She can hire a good attorney, that is all I can tell her.

I don't know whether withdrawing the application will be enough to get their investigations division off her trail.

Did she file immediately when her 5 years where up ? Usually, people who did something screwy when they got their GC (e.g. divorce their spouse right after adjustment of status), wait 7-8 years so the 5 year period you have to provide detailed information on doesn't include the misdeeds.