n400

[n400appl]

Friends,
i recently applied for n400 for me and wife, under 5 year rule. I am gc holder since 2004. I checked my documents and got my 2nd ead extension approved till 04/2004 and green card on 05/2004, with around 15 days gap between the two.

Will this create problems in my n400 at interview? What should i do to correct this?

Phlease help?

 

[Dedo]

I am not sure you need to worry about it. I have heard of all things being asked during the interview, but this isn't one of them. I wont mention it.

What was the reason for the lapse?

 

[n400appl]

I am not sure you need to worry about it. I have heard of all things being asked during the interview, but this isn't one of them. I wont mention it.

What was the reason for the lapse?

i think just the oversight, dont even remember it correctly.

 

[Jackolantern]

If you didn't work during that gap, there is no problem.

If it was an employment-based adjustment of status of EB1, EB2, or EB3, you're forgiven for up to 180 days of status violation. So if working during that 15-day gap is the only status violation, it's still not a problem.

 

[n400appl]

thanks for the comments. it really makes me feel easy.

as the n400 form only talks about last 5 years of employment, will they even bring it up during the n400 interview?

i spoke to lawyer that did my GC and he mentioned that any activities prior to issuance of LPR (Green Card) is Irrelevant and will not be raised during the interview.

 

[Jackolantern]

thanks for the comments. it really makes me feel easy.

as the n400 form only talks about last 5 years of employment, will they even bring it up during the n400 interview?

i spoke to lawyer that did my GC and he mentioned that any activities prior to issuance of LPR (Green Card) is Irrelevant and will not be raised during the interview.

It's not entirely irrelevant; if you did something before green card approval that would have resulted in denial of your green card if USCIS found out, that can be grounds for denial of citizenship or revocation of the green card, so they will sometimes initiate questioning or investigation about such occurrences.

However, it's practically unheard of for them to give people problems over pre-GC status violations; they're much more likely to give people problems for criminal activity, or bigger issues of eligibility, e.g. a child who immigrated in an unmarried category but got married before GC approval, or a spouse who immigrated as a derivative beneficiary but got divorced before GC approval.

But you have nothing to worry about for that short EAD gap. The specific provision of the law that forgives up to 180 days for EB1/EB2/EB3 applicants is INA 245(k).

 

[n400appl]

It's not entirely irrelevant; if you did something before green card approval that would have resulted in denial of your green card if USCIS found out, that can be grounds for denial of citizenship or revocation of the green card, so they will sometimes initiate questioning or investigation about such occurrences.

However, it's practically unheard of for them to give people problems over pre-GC status violations; they're much more likely to give people problems for criminal activity, or bigger issues of eligibility, e.g. a child who immigrated in an unmarried category but got married before GC approval, or a spouse who immigrated as a derivative beneficiary but got divorced before GC approval.

But you have nothing to worry about for that short EAD gap. The specific provision of the law that forgives up to 180 days for EB1/EB2/EB3 applicants is INA 245(k).

thanks again, you have been very helpful.

actually i scoured all my green card documents, and found EAD approval notices I-797D for all the period that would cover 2004 as well. So, I was never working without status.

Thanks again, thanks a lot.