Need some help

[pdadi]

Laid off before I got GC. Issues during citizenship interview

Few months before my 485 was approved I lost my job. Couldn't find another job
due to poor job market conditions at that time. I started working two years later after I got my GC. My spouse who got GC as a dependent has job all the time.

Its been five years and I am eligible for USC but due to the above I am not sure.

what are the risks if I go a head and apply for Citizenship. Will it have any effect for my spouse's citizenship application? Since I have been working for the past few years it will be blank in employment section in N400 form.

Thanks for any info.

 

[N400Applier]

Few months before my 485 was approved I lost my job. Couldn't find another job
due to poor job market conditions at that time. I started working two years later after I got my GC. My spouse who got GC as a dependent has job all the time.

Its been five years and I am eligible for USC but due to the above I am not sure.

what are the risks if I go a head and apply for Citizenship. Will it have any effect for my spouse's citizenship application?

Thanks for any info.

Don't apply at the 5 year mark..This is because in the N-400 form you have to list where you have been employed in the past 5 years. Since your GC was employment based this can cause problems. You can do the following:

1. Apply at the 6th year mark. This way you don't have to mention your losing job etc.
But you will end up waiting 1 more year.

2. Wait for others in this forum to respond. Some are very knowledgeable and can give very good advice.

3. Contact a lawyer.

But get everything clear BEFORE you apply.

 

[2bc]

Few months before my 485 was approved I lost my job. Couldn't find another job
due to poor job market conditions at that time. I started working two years later after I got my GC. My spouse who got GC as a dependent has job all the time.

Its been five years and I am eligible for USC but due to the above I am not sure.

what are the risks if I go a head and apply for Citizenship. Will it have any effect for my spouse's citizenship application?

Thanks for any info.

I am guessing you got the 485 approved thru' the same employer so practically you were still employed with them, whether they paid you or not for that period is an entirely different matter altogether!

If for some reason they had issued a pink slip then legally they could not have continued your 485 application as leagally you would have been laid off!

Question for you!

When you went for your 485 stamping/ interview, did IO ask you about who you were employed with at that time? This is considering that your 485 was being processed by same company

If all of above is true then I do not see any issues as they do not care if you were paid or not unless you complained at the time of 485 processing...You got to take care of yourself by selecting option if you wanted a GC or $ at that point and it seems you selected GC!

 

[pdadi]

I am guessing you got the 485 approved thru' the same employer so practically you were still employed with them, whether they paid you or not for that period is an entirely different matter altogether!

If for some reason they had issued a pink slip then legally they could not have continued your 485 application as leagally you would have been laid off!

Question for you!

When you went for your 485 stamping/ interview, did IO ask you about who you were employed with at that time? This is considering that your 485 was being processed by same company

If all of above is true then I do not see any issues as they do not care if you were paid or not unless you complained at the time of 485 processing...You got to take care of yourself by selecting option if you wanted a GC or $ at that point and it seems you selected GC!

When I went for stamping IO didn't ask any questions. Yes it was processed by the same company. My only concern is in the N400 form employment section I can only provide employment details for the last three years and its blank before that. This might be a red flag for IO. Recent employment was with a different employer.

I never applied for any unemployment benefits or any other federal benefits during that time since my spouse has a job to support us.

Thanks for any info.

 

[2bc]

You were employed

Whether you got paid by them or not in the eyes of IO, you were still employed by the same employer at that time so If I was you, they would be my employers for those two years which are probably blank on your application at this point!

Better consult a lawyer if you do not feel confident about it.

 

[pdadi]

Whether you got paid by them or not in the eyes of IO, you were still employed by the same employer at that time so If I was you, they would be my employers for those two years which are probably blank on your application at this point!

Better consult a lawyer if you do not feel confident about it.

2bc, Thanks for the info. Should I leave the employment info blank or fill it with that employer info? That employer who sponsored my GC laid me off(infact entire
divison) before my GC was approved.

 

[boatbod]

I feel you could be walking a fine line here. Adjudicating officers are specifically directed by the USCIS field manual to look for red flags with employment-sponsored GC during the interview process. Generally they want to see that you did at some time work for the sponsoring company, however I'd imagine a picky IO could become a problem in this case if he chose to be.

A month or two back we had a rash of cases of similar nature - either "got laid off prior to I-485 approval" or "no job existed after I got my GC". Unfortunately none of the original posters let us know how things turned out during their interviews, so it is hard to make firm suggestions what you should do. I think if I were in your position, I'd seriously consider waiting 6 months to 1 year so the important GC milestone would roll off from the employment history section. Many people have changed jobs (or quit entirely) some months after receiving their GC's and had no problems with natz whatsoever.

Good luck.

 

[pdadi]

I feel you could be walking a fine line here. Adjudicating officers are specifically directed by the USCIS field manual to look for red flags with employment-sponsored GC during the interview process. Generally they want to see that you did at some time work for the sponsoring company, however I'd imagine a picky IO could become a problem in this case if he chose to be.

A month or two back we had a rash of cases of similar nature - either "got laid off prior to I-485 approval" or "no job existed after I got my GC". Unfortunately none of the original posters let us know how things turned out during their interviews, so it is hard to make firm suggestions what you should do. I think if I were in your position, I'd seriously consider waiting 6 months to 1 year so the important GC milestone would roll off from the employment history section. Many people have changed jobs (or quit entirely) some months after receiving their GC's and had no problems with natz whatsoever.

Good luck.

Thanks for the info. I did infact work for the sponsoring employer for two years but that was before I got GC.