Need urgent help

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waqarali

Registered Users (C)
Hi,

I'm a novice to immigration issues and need urgent help from the gurus here. Company A filed for my labor certification and it was approved sometime in 2001-2002. I later joined another company B on H1-B in late 2002 and my GC process continued. My lawyer filed for I-485 and adjustment of status at the end of 2003, I received FP notice at the end of 2004 and my GC arrived in early 2005. My lawyer never involved Company B in any of the paperwork. I'm now eligible to apply for the citizenship but not sure whether my GC process was correct or not. I do not know when my I-140 was applied? When was it approved? Why was my GC approved if things were not ok? I contacted the lawyer who processed my GC and she is not cooperating. She has my paperwork stored somewhere and not getting it unless I process my citizenship application from her which will cost $1400 (minus app fee) for me and my wife. What should I do? File anyways and see what happens? Can I get my GC process information (labor approval, I-140 application/approval date etc) from somewhere? from USCIS?

Any help will be greatly appreciated. Thank you.
 
You are breaking your head for no reason. There are people who never worked for the company sponsored the GC. Take it easy and relax. You have absolutely nothing to worry. Dont waste $$$ and just apply on your own.
 
Thanks kaatupaadi for your quick response. I was intending to do it until I saw a post in which IO asked the applicent when he joined the new company after approval of I-140 (or 485?). What would I say if I come across these kinds of questions? I really do not know the dates. All my paperwork is ready and I do not know what should I do.
 
I bet not many people remember when the 140 was approved. I highly doubt if the IO will ever ask such a question. Even if he does, just state what you know. Not remembering something is not a crime. N400 approval doesnt really scrutinize on your immigration status before GC. GC process does that. I see no reason for you to hold of on applying. Just go ahead and do it.
 
waqarali said:
Hi,

I'm a novice to immigration issues and need urgent help from the gurus here. Company A filed for my labor certification and it was approved sometime in 2001-2002. I later joined another company B on H1-B in late 2002 and my GC process continued. My lawyer filed for I-485 and adjustment of status at the end of 2003, I received FP notice at the end of 2004 and my GC arrived in early 2005. My lawyer never involved Company B in any of the paperwork. I'm now eligible to apply for the citizenship but not sure whether my GC process was correct or not. I do not know when my I-140 was applied? When was it approved? Why was my GC approved if things were not ok? I contacted the lawyer who processed my GC and she is not cooperating. She has my paperwork stored somewhere and not getting it unless I process my citizenship application from her which will cost $1400 (minus app fee) for me and my wife. What should I do? File anyways and see what happens? Can I get my GC process information (labor approval, I-140 application/approval date etc) from somewhere? from USCIS?

Any help will be greatly appreciated. Thank you.
Click to expand...

First, you need to calm down, nobody is about to take your green card away.

Your post is very confused and does not provide enough information to understand your situation. E.g. it is very unclear from your post which company sponsored your I-140 and the labor certification for the I-485 application. The lawyer who handled your I-485 application should have this info and, as far as I understand, she has an obligation to provide you with copies of everything on you that she has in her files. If she refuses, you can file a complaint against her with the state bar association for the state where you live.
You can also file a Freedom of Information/Privacy Act request with USCIS and request a complete copy of your A-file. This takes a while but the A-file will have all the information in question.

Another thing is that even if somehow your GC was issued incorrectly (unlikely, but not impossible), there is a 5-year statute of limitation for the USCIS to initiate a revocation process if they discover the error. So if you want to be completely on the safe side, wait until after 5 years since the GC approval before filing N-400 (and don't use the 90 days rule).
 
I agree with others. Just coold down. As baikal3 said, if you are so concerned..just wait 5 years from LPR datae. Also, it is very unlikely USCIS will spend their resources and time and revisit each GC case unless there is a major fraud /misrepresentation.

Just take some time and study the other posts (the issue has been debated and discussed in the forum). Then you can consider your options.

Also, N400 does not require people to re-affirm or reconfirm their obtaining GC. At least we have not seen that USCIS is doing. They could ...but i do not believe that is a common practice ...In the other words, USCIS is not the business of second guessing their own decision unless there is a major fraud. Also, as part of N-400, you are not required to provide any information about prior I-140 approvals, etc .

Suggest (instead of guessing), please read N-400 instructions and guidance, posted by USCIS

http://www.uscis.gov/files/form/n-400ins.pdf

http://www.uscis.gov/files/article/M-476.pdf
 
waqarali said:
Hi,

I'm a novice to immigration issues and need urgent help from the gurus here. Company A filed for my labor certification and it was approved sometime in 2001-2002. I later joined another company B on H1-B in late 2002 and my GC process continued. My lawyer filed for I-485 and adjustment of status at the end of 2003, I received FP notice at the end of 2004 and my GC arrived in early 2005. My lawyer never involved Company B in any of the paperwork. I'm now eligible to apply for the citizenship but not sure whether my GC process was correct or not. I do not know when my I-140 was applied? When was it approved? Why was my GC approved if things were not ok? I contacted the lawyer who processed my GC and she is not cooperating. She has my paperwork stored somewhere and not getting it unless I process my citizenship application from her which will cost $1400 (minus app fee) for me and my wife. What should I do? File anyways and see what happens? Can I get my GC process information (labor approval, I-140 application/approval date etc) from somewhere? from USCIS?

Any help will be greatly appreciated. Thank you.
Click to expand...

If you are worried then File N400 after 5 years of GC approval or check the interview date trend in your DO and your interview should not be before 5 years of GC approval date. If USCIS find any error in approving GC and your GC got approved 5 years back then to revoke GC USCIS has to go to court to revoke GC. It is difficult for USCIS to revoke GC if no fraud was committed by you for GC.
No need to pay $1400 to lawyer who is not cooperative with you and don’t discuss more with him/her and inform that you changed your mind and you are not filing for US citizenship for 1-2 years.
 
waqarali said:
Hi,

... I contacted the lawyer who processed my GC and she is not cooperating. She has my paperwork stored somewhere and not getting it unless I process my citizenship application from her which will cost $1400 (minus app fee) for me and my wife. What should I do? ...
Click to expand...

My initial (strong) suggestion is to just wait the 5 years as already suggested and then proceed on your own.

If that is not acceptable, move up the reporting chain at your Lawyer's office. (suggesting that you're thinking of complaining to the bar never hurts). If she's the boss, tell her that you're going to complain to the State Bar about her unethical business practices (not giving you a copy of your file unless you file for citizenship through her office).

Be prepared to pay for copying charges though. Lawyers don't give anything for free.

Good luck
 
DreamUSA said:
Also, N400 does not require people to re-affirm or reconfirm their obtaining GC.
Click to expand...
The N-400 process requires people to reaffirm the legitimacy of the GC if USCIS expresses doubts about the GC. In most cases they don't do that, but they have the right to do it and sometimes they exercise that right. See http://forums.immigration.com/showthread.php?t=305544

In this case, given that the OP filed I-485 after leaving the original employer, and did not return to that employer before or after GC approval, there is the question of whether a bona fide job offer for company A existed at the time of I-485 filing. That may be hard to prove if USCIS decides to scrutinize it. And if the job with the next employer did not meet the "same or similar" criteria, that is even bigger trouble for the OP.
 
ginnu said:
If USCIS find any error in approving GC and your GC got approved 5 years back then to revoke GC USCIS has to go to court to revoke GC.
Click to expand...
They don't have to take you to court to revoke the GC. Once you are notified of the intent to revoke, if you don't reply with a proper response before the deadline, they can revoke it without any court involved if they sent the intent to revoke notice within the 5-year window.
 
Conclusion

I thank you all for your invaluable advice. This is what I have decided to do:

#1- File my N400 application after the completion of 5 years
#2- Send a letter to my lawyer to mail me a copy of my file
#3- File a Freedom of Information/Privacy Act request with USCIS and request a complete copy of my A file

I do not know the process of #3. Any help will be greatly appreciated.

Thanks.
 
waqarali said:
I thank you all for your invaluable advice. This is what I have decided to do:

#1- File my N400 application after the completion of 5 years
#2- Send a letter to my lawyer to mail me a copy of my file
#3- File a Freedom of Information/Privacy Act request with USCIS and request a complete copy of my A file

I do not know the process of #3. Any help will be greatly appreciated.

Thanks.
Click to expand...

#3 (FOIA) could take from 6 to 18 months.
 
FOIA Request

I was about to send my FOIA request and noticed some posts mentioning a possible delay in processing N400 application due to this request. Is it true? I plan to mail N400 app at the end of Jan 2010.

I'll appreciate a prompt response. Thanks.
 
waqarali said:
I was about to send my FOIA request and noticed some posts mentioning a possible delay in processing N400 application due to this request. Is it true? I plan to mail N400 app at the end of Jan 2010.

I'll appreciate a prompt response. Thanks.
Click to expand...

Yes, there is a possibility. Depends on who request your 'A' file first, department dealing with FOIA or DO (dealing with your N400).

If you don't care if copy of your 'A' file (through FOIA) comes before citizenship interview or after, then don't send request for 'A' file. Wait for to finish the N400 application process. If you do care, then file N400 when you get the copy of 'A' file.
 
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