Please Help!!!!

S

summer76

Registered Users (C)
Hi,
Our (me and my husband) green card was approved in April 2006 that makes us eligible to apply for citizenship in Jan 2011. Our green card was through my husband’s employer in NY. Right after we had our green card’s interview his company was closed because of business issues. I lived in Chicago before we got married so we moved back to Chicago and there he started working for another company and still living in Chicago.
My questions are below
• My husband had filed a political asylum before applying for the green card through his employer and never followed up the case.
• He also had a misdemeanor case which is now closed. We have all the documents for this case.
• Other than the above issues he does not have any other concerns. My question is that should we contact an attorney and have the attorney file the N-400 application form?
• In my case I don’t work and stay home. Would it be beneficial to have an attorney file citizenship for myself?

I would appreciate any advice.
Thanks
 
summer76 said:
Hi,
Our (me and my husband) green card was approved in April 2006 that makes us eligible to apply for citizenship in Jan 2011. Our green card was through my husband’s employer in NY. Right after we had our green card’s interview his company was closed because of business issues. I lived in Chicago before we got married so we moved back to Chicago and there he started working for another company and still living in Chicago.
My questions are below
• My husband had filed a political asylum before applying for the green card through his employer and never followed up the case.
• He also had a misdemeanor case which is now closed. We have all the documents for this case.
• Other than the above issues he does not have any other concerns. My question is that should we contact an attorney and have the attorney file the N-400 application form?
• In my case I don’t work and stay home. Would it be beneficial to have an attorney file citizenship for myself?

I would appreciate any advice.
Thanks
Click to expand...


I would not hire an attorney to file N-400. You said your husband had a misdemanor but the case has been closed, then why worry about it. If you are asked about the case during the interview, you can present the documentation. About the employer, there is no job security in this country. Either the employee leaves, or Employer lays off or the company shuts down. Nothing can be done about it. As long as your husband has a job now, you should be fine.

You can also search for cases of your type in this forum and see what people have adviced.

All the best!!
 
In my opinion, I wouldn't hire a lawyer. Your husband didn't run the company to the ground, he was victimized by the closure of the company itself. As such, I don't see how USCIS can try to nail him for the closure of his company. Secondly, the misdemeanor, what was the crime which he was charged with? Was he ever convicted and what was the final disposition of this case? Unless the case involved a minor issue, I don't think a lawyer will be necessary. Lastly, your unemployment won't affect your citizenship process at all, as long as you and your husband filed taxes jointly.
 
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Since being a green card holder, has he ever traveled to his country of origin? If he did travel to his COP, then he will have to explain to USCIS the reason for seeking an asylum, while after he got his green card via his employer, he no longer feared prosecution. Moreover, did he disclose during his I-485 via employment sponsor to have ever file for a green card, which he should have disclosed.
 
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Title 8: Aliens and Nationality
PART 208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
Subpart A—Asylum and Withholding of Removal

8 CFR § 208.14 Approval, denial, referral, or dismissal of application.

c) Denial, referral, or dismissal by an asylum officer. If the asylum officer does not grant asylum to an applicant after an interview conducted in accordance with §208.9, or if, as provided in §208.10, the applicant is deemed to have waived his or her right to an interview or an adjudication by an asylum officer, the asylum officer shall deny, refer, or dismiss the application, as follows:

(g) Applicants granted lawful permanent residence status. If an asylum applicant is granted adjustment of status to lawful permanent resident, the Service may provide written notice to the applicant that his or her asylum application will be presumed abandoned and dismissed without prejudice, unless the applicant submits a written request within 30 days of the notice, that the asylum application be adjudicated. If an applicant does not respond within 30 days of the date the written notice was sent or served, the Service may presume the asylum application abandoned and dismiss it without prejudice.
 
Thank you all for your response.

Yes, he had disclosed his asylum case during his 485 via employment sponsor. Actually he has the same alien number. He had traveled to his home country once after becoming permanent resident. I hope this should not be an huge issue.

About the misdemeanor, it was something minor and he was not convicted.

Thanks again.

Summer76
 
I would be a contrarian and want to highlight the potential issues in the interview. Take my verbiage with a pinch of salt, this it to emphasize the issue.
#1. The applicant's employer closed shop soon after the GC interview. Huh!!
IO: This reeks of colluding to get GC. Please get paperwork from the company to show its viability to process GC at the time of interview.
#2. How soon did he join the other employer?
IO: Please show evidence of recruitment process to validate that the job hunt did not start before he got the GC (or the GC interview).
#3. Show that you worked in the same area you were given GC in when you joined the new employer.

Note that the IO might not ask these questions. But what will you do if he/she does ask? The warning signs I would see from the application
#1. Trying to get GC any way - asylum or employer. As soon as job (GC) is done, move on.
#2. Filing so soon after hitting the 5 years LESS 90 days. He will need to report 5 years of employment, and I presume none of those 5 years will show the sponsoring employer name. If this was 8 years after GC, it will be one thing, but if it is 5 years after GC, I will ask some questions.

Without knowing much further background, if I were in this situation, I will delay applying by at least 1 year if not more.
 
Summer,

I think you should re-read the post by Sanjose because if an IO assumes his thinking during the adjudication of his case, he's going to have serious problems getting approved for the naturalization. However, depending on the size of the organization, the larger the organization, the better it will be for him to be inoculated against accusation of colluding with his employer to get the green card, whereas the company was folding under debt.

I believe he will also has to explain to the IO, why he traveled to his country of origin, which he was seeking an asylum from in the first place. What was the basis for his asylum? He did use the A# from the asylum case, which was a good thing, but I think the IO could question whether the asylum was sought frivolously or not. In my view, I take the latter because what removed the prosecution? The IO could chose to delve into this matter or ignore it, but I think the suggestion by San is an wise one, waiting a year won't inconvenience you at all.
 
Sanjose and Al Southner, Thanks for your inputs. you too have brought some good points. we will definitely think about this.
 
sanjoseaug20 said:
I would be a contrarian and want to highlight the potential issues in the interview. Take my verbiage with a pinch of salt, this it to emphasize the issue.
#1. The applicant's employer closed shop soon after the GC interview. Huh!!
IO: This reeks of colluding to get GC. Please get paperwork from the company to show its viability to process GC at the time of interview.
Click to expand...

If he was employed at the time of the interview making the prevailing wage, then it was by USCIS regulations viable. Collusion isn't a viable possibility once the company gets over a handful of employees; the cost to keep it alive in payroll alone would be huge.

#2. How soon did he join the other employer?
IO: Please show evidence of recruitment process to validate that the job hunt did not start before he got the GC (or the GC interview).
Click to expand...

If the I-485 was pending for over 180 days then he could be looking for alternate employment. No point for the question to be asked.

#3. Show that you worked in the same area you were given GC in when you joined the new employer.
Click to expand...

No such requirement. He was employed by the sponsor the day he became a permanent resident. AC21 relief is not required.

I wouldn't wait.
 
TheRealCanadian said:
If he was employed at the time of the interview making the prevailing wage, then it was by USCIS regulations viable. Collusion isn't a viable possibility once the company gets over a handful of employees; the cost to keep it alive in payroll alone would be huge.

No such requirement. He was employed by the sponsor the day he became a permanent resident. AC21 relief is not required.
Click to expand...

First of all, many facts here are not known.
Nowhere does it say he was employed by sponsor when he got GC. The post only says he was employed by sponsor at the time of interview. 2 different things.
Nowhere does it say the company had a "handful" of employees.
The course of action should depend on whether these questions can be easily answered and facts easily proved.
 
>>>Nowhere does it say he was employed by sponsor when he got GC. The post only says he was employed by sponsor at the time of interview. 2 different things.

No, my husband was not employed by the sponser when we got the green card.

>>> Nowhere does it say the company had a "handful" of employees.

company had "handful" of employess.
 
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