Qualified for citizenship?

J

jnwong

Registered Users (C)
Hi Here is a scenario where your feedback is most welcomed:

My friend was laid off one month PRIOR TO receiving her I-485 approval notice in the mail, while she was still in H1 (already passed 180 days with AOS pending and obtained work authorization card then).

However, she was offered a three-month severance pay and was put in the company's severance payroll till two months AFTER getting the green card approval.

She was unable to find any employment since then till now, due to poor economy.

(1) Is her green card legitimate?

(2) Do you foresee any problem with her future naturalization? You know, she's single by herself and is not like housewives supported by husband. She has evidence showing her family supports her financially for 5 years.

(3) In the N-400 form employment history section, can she put the last day she was on the severance payroll as the "end date" of her last job , instead of the day she was actually laid off?

Thanks and look forward to hearing from you.
 
Her GC may not be legitimate.
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Why? Could you give your reasoning behind? Like to hear about your comments. Thanks in advance.

She just consulted the lawyer. According to the lawyer, since she was put on the company's severance payroll till two months after getting the green card. (Plus, she already had obtained the "work authorization" when she god laid off. ) She may consider herself having worked for the company till then and delcare as it is.

During one of her previous overseas trip back, BCIS officier asked if she was still working for the company, and she said NO. When being asked why, she told the full story to BCIS officer. The officer asked when was the last date she was on the company's payroll, she said "two months after getting green card", then officier then said nothing, and put a stamp on her passport.

According the lawyer, she didn't quit the job but got laid off, therefore, it was not her fault. At the time of her getting green card, she did have the intention to work for the sponsoring company with good faith.

But the lawyer recommended that she applied for naturalization slightly after 5 years (e.g. 6th year) because the GC was very easy to be taken away for the first 5 years, after that, it will be more difficult to be taken away unless if the GC holder commits crimes.
 
First of all, she did NOT treat to obtain her green card. That's the point. So NO fraud was involved in her green card application. The sponsoring company did have the intention to apply for her green card all the way through and even paid for her attorney fees.

That would be true if the job still existed when she became a PR. But she already knew that the job was gone before the I-485 approval. The fact that she was still on the payroll is irrelevant for that.
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She did not go through the lengthy LC process to get her green card, instead she got her green card through EB1.

In her company's severance package letter, the company mandated that she was still considered as an employee of the company during the severance pay period. She could still be called up to resolve any pending issues at work during that period.

As a result, her lawyer suggested that she could put the last day of her severance pay period as the actual termination day of her last job in N-400.
 
That changes the whole thing. If there was no LC, then it in fact is ok.
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Thanks, but what makes you think it is OK? Any legal backup (URL etc.)?

Although she was on EB1, she was on the category where employer sponsorship is required.

So does that mean if you are on EB1, you can be laid off even before I-485 approval and then get green card legitimately?

Also, would it be considered fraud if she lists her employment terminate date as the last day she was on the severance payroll (two months after getting GC), instead of the actual layoff date (1 month before getting GC)?
 
You still need a job, but there is no specific job requirement.
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What do you mean by "there is no specific job requirement"? Please elaborate, thanks.
At that time, INS didn't ask for interview before granting her PR status. But nowadays, BCIS did ask for interview (or confirmation of current employment) before granting the PR status in some cases.
 
Your friend's PR status would be doubtful, since as mentioned earlier, she was mostly not asked for an interview by the former INS, who always need to confirm that the employment still exists before granting PR status to someone.

You should have your friend check with an immigration expert before proceeding.

But there could also be some gray areas here for your friend to take advantage of.
 
But her EB1 category does require job offer (not the NIW type). So what do you think of the consequence, JoeF?
 
Hi JoeF,

She was in the EB1-Outstanding Researcher category, where employment offer is required, for a big private research company with several hundred researchers.

She was on H1 having worked for the company for over 3 years by the time she got laid off, one month BEFORE getting her I-485 approval. But the company put her on the severance payroll till two months AFTER the I-485 approval date.

In her EB1 case, is it required that the job was opened to her when she was granted the PR status?

Now the problem is she was unable to find any job ever since she got laid off (she tried many times, but failed). Would it be OK if she can provide evidence as to how she supported herself during the last 5 years when applying for naturlization?

Any other details you'd like to know, please feel free to say.

Thanks.
 
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