Issues in N400 Form.

F

Fort_User

Registered Users (C)
I still remember my I140 application's instructions. USCIS has published them clearly. For example EB1(OR) the following conditions are put forth.

1.Candidate should work in Research Area.
2.Candidate's office should have three permanent employees of reseach category. They should have research articles...citations etc.
3...lot more instructions............

However, while reading N400 form, the so called term "intent" is never mentioned. Also, no mention about
1) The candidate should work for the sponsorer for certain period.
2) The candidate should be in the same field etc..

IS IT NOT USCIS FAULT?
============================

2.I am the primary holder of GC. Can my derivative (spouse) apply for Citizenship after 8 years of GC. That is i will not apply. She only will apply. So, there won't be employment history verification for her. Will it be possible?.
 
Fort_User said:
I still remember my I140 application's instructions. USCIS has published them clearly. For example EB1(OR) the following conditions are put forth.

1.Candidate should work in Research Area.
2.Candidate's office should have three permanent employees of reseach category. They should have research articles...citations etc.
3...lot more instructions............

However, while reading N400 form, the so called term "intent" is never mentioned. Also, no mention about
1) The candidate should work for the sponsorer for certain period.
2) The candidate should be in the same field etc..

IS IT NOT USCIS FAULT?
============================
Click to expand...
There is however a quiestion in the N-400 which asks -- ' Did you ever lie to get any immigration benefit?' -- If you did not fulfill the conditions for your GC it means that you lied for the GC, so you can't blame USCIS.

Fort_User said:
2.I am the primary holder of GC. Can my derivative (spouse) apply for Citizenship after 8 years of GC. That is i will not apply. She only will apply. So, there won't be employment history verification for her. Will it be possible?.
Click to expand...
Sure she can apply. Why should they check her employment history? Her GC was approved as a derivative case. So if she applies they might ask for YOUR employment history. You cannot get away from the requirement of working for GC sponsor or AC21 employer by asking your spouse to apply. I think you basically have two choices(talk to an attorney) --
1) Write a detailed letter to USCIS, explaining what happened and risk GC revocation.
2) Enjoy GC for a few years and while applying for renewal or citizenship, risk getting deported.

Both are not very good choices, but you should have thought about all this when you migrated to the US and applied for GC.
 
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