Please help me question citizenship

M

Mauricephoenix

Registered Users (C)
My case is as follows

Pd: jan 2004
Filed for i-485: 06/01/2007

I-485 approved: 10/12/2007 (less than 180 days)

My problem is I worked for sponsor(Company X) for 5 years BEFORE GC. On 9/2006 a better opportunity came up and I joined Company Y. When the GC came I went back to Company X, but work was slow and they could not take me back. After a couple weeks, they gave me letter saying my position was being eliminated for slow work. I cannot invoke AC21 because i-485 was not pending for 180 days.

After that I worked on the same position for about 18 months, was laid off again.

Is this a problem for citizenship. Company and I had intent but the crisis hit and they did not have more sales.

My wife GC was separated from mine and her came on August 2010. We have since divorced (May 2011) is she going to have any issues with her citizenship. We don't talk anymore but she has cancer and I hope she gets citizenship so she can continue her treatments here.

Thanks for any info you can provide.

Maurice
 
When the GC came I went back to Company X, but work was slow and they could not take me back. After a couple weeks, they gave me letter saying my position was being eliminated for slow work.
Click to expand...
Did you actually work for them during those couple of weeks?

Was the job at company Y similar to the originally sponsored job at company X?
 
If your green card is revoked for fraud or ineligibility, hers could also be revoked if it was derivative to yours.

Since you actually worked for the sponsoring employer after green card approval, and the next job was similar, I would expect that you'll be OK ... but you stopped working for them 2 weeks after GC approval and before 180 days since the I-485 was filed, so there's no 100% guarantee that you're safe.
 
Jackolantern said:
If your green card is revoked for fraud or ineligibility, hers could also be revoked if it was derivative to yours.

Since you actually worked for the sponsoring employer after green card approval, and the next job was similar, I would expect that you'll be OK ... but you stopped working for them 2 weeks after GC approval and before 180 days since the I-485 was filed, so there's no 100% guarantee that you're safe.
Click to expand...

If i do not apply for citizenship, she will have any trouble.

Her gc was approved on 2010 but due to a trip she will not be able o apply until 2016
 
Mauricephoenix said:
If i do not apply for citizenship, she will have any trouble.
Click to expand...

Theoretically they could ask her about your employment history when she applies (or launch their separate investigation into your employment history), but that is very unlikely given that the divorce was in 2011 and she'll be applying in 2016 or later.
 
rtheysic become

Jackolantern said:
Theoretically they could ask her about your employment history when she applies (or launch their separate investigation into your employment history), but that is very unlikely given that the divorce was in 2011 and she'll be applying in 2016 or later.
Click to expand...

Is there employment story need for gc renewal?
 
Jackolantern, also the ex missus got arrested once but all charges were dropped by the DA. This will not be a problem, right?

Hopefully the io will not grille her about my employment.
 
Mauricephoenix said:
Jackolantern, also the ex missus got arrested once but all charges were dropped by the DA. This will not be a problem, right?
Click to expand...

Assuming the charges were dropped without her having to plead guilty to anything else or get probation or a fine or any other punishment, it won't stop her from becoming a citizen, but she'll have to provide the relevant court paperwork to show that the charges have been dropped. And because of the arrest, the approval will have to wait for supervisor review, which could delay her oath date depending on how long that review takes. If she's in a location where same-day oath is offered, she shouldn't expect a same-day oath for herself (although if she's lucky, it is possible that the review could happen fast enough for a same-day oath).
 
Jackolantern said:
Assuming the charges were dropped without her having to plead guilty to anything else or get probation or a fine or any other punishment, it won't stop her from becoming a citizen, but she'll have to provide the relevant court paperwork to show that the charges have been dropped. And because of the arrest, the approval will have to wait for supervisor review, which could delay her oath date depending on how long that review takes. If she's in a location where same-day oath is offered, she shouldn't expect a same-day oath for herself (although if she's lucky, it is possible that the review could happen fast enough for a same-day oath).
Click to expand...

Yeah the DA just dropped, not plea of guilty nor a fine or nothing. Thanks so much, you are a very knowledgeable person, thanks fornyour time
 
I was reading some of the memos and it says i-140 do not remain valid if i-485 is pending for less than 180 days... So i am not applying for us citizenship. I can live on gc hopefully with no issues.although i do not know if this apply to my case or not.
 
Last edited by a moderator:
Mauricephoenix said:
I was reading some of the memos and it says i-140 do not remain valid if i-485 is pending for less than 180 days...
Click to expand...

That's not true. That 180 day rule is about the employer's ability to revoke the I-140. After the I-485 is pending for 180 days, the approved I-140 remains valid and is protected against employer revocation if you have another job or job offer that is "same or similar" to the originally sponsored job. But after GC approval, the I-140 also remains valid and protected against employer revocation, regardless of how long the I-485 was pending, and regardless of whether you filed I-485 or used consular processing.
 
Jackolantern said:
That's not true. That 180 day rule is about the employer's ability to revoke the I-140. After the I-485 is pending for 180 days, the approved I-140 remains valid and is protected against employer revocation if you have another job or job offer that is "same or similar" to the originally sponsored job. But after GC approval, the I-140 also remains valid and protected against employer revocation, regardless of how long the I-485 was pending, and regardless of whether you filed I-485 or used consular processing.
Click to expand...

I understand now. Thanks.
 
You must log in or register to reply here.
Top