Sponsering company closed after GC approval

R

RomanD

New Member
Hello folks,

Following is my situation:

I got my GC through counselor processing while working abroad for the sponsoring company. After I received my GC the company in the UK laid me off.

Soon after I received my GC (the actual card) the company in the US got into financial difficulties and the offices were sealed, so I ended up not working for the US office at all. I found a job with a different company and have been working since then in the US.

It is going to be 5 years in a couple of months and I am not sure if I will get into any trouble if I were to apply for Citizenship.

I am unable to find a similar situation like mine in the forums and would like to hear opinions from you folks, or any references to old posts that you can point me to.

Should I just wait for another year - that is something I have been contemplating lately...

Cheers
Roman.
 
This should not be a problem at all. Please do file in make the deadline.

It is not often that the question of your employment with the company that supported/sponsored you GC come up during the Interview.

In that case, you'll have to prove that you did not leave of your voulition.

I have a similar process where my company laid me off (actually company wide layoff), so I will take my termination letter that attests to that and my tax filings from that year.

As far as employment is concerned all the USCIS cares is that you are working here legally and have been paying taxes.
 
Normally this sort of thing wouldn't be an issue, because AC21 would take care of the job swap. However, since you say you got your GC through CP, I'm not certain that you can benefit from AC21.

You might want to check this out with a good lawyer before sending your application and alerting USCIS.
 
Thanks folks for the info. Will update the thread once I have more info. I have a follow-up question though: isn't AC21 for folks who are switching jobs before the approval but after the 6 month period?

I have seen a few posts on AC21 and will check them too in the meantime.
 
Yes AC-21 is for folks who have applied for I-485 but have had to leave their employer after 180 days. It does not apply for folks who leave after getting their GC such as your self.
 
Thanks for clarifying that Takshila. In my case the company offices were sealed by the local authorities for defaulting on payments, salaries etc. I do not think anyone got any letter or even the back pay. Apart from the offer letter that I had from them, I do not have anything else. I have a termination letter from their UK offices though. That is the reason I am a bit worried. Not sure if waiting for another 6 months before applying would help at all... I have all else in order...
 
I don't think you have any issues at all.

However, you will need documentation that you did not leave at your own voulition. For eg. do you any documents/notice/ newspaper articles that shows that the offices were closed and sealed?

Talk to an attorney about this to clear up any legal issues.

I would confirm that I meet my residency requirements as you worked outside this country initially.
 
I can get hold of all that info. That should not be a problem. I was on vacation for 3 months right after my GC approval and before I moved back to the US (was here for 6 years prior to moving to the UK). I have been living here ever since, and have been paying taxes. Will probably talk to an immigration attorney too..
 
RomanD said:
I can get hold of all that info. That should not be a problem. I was on vacation for 3 months right after my GC approval and before I moved back to the US (was here for 6 years prior to moving to the UK). I have been living here ever since, and have been paying taxes. Will probably talk to an immigration attorney too..
Click to expand...

RomanD - after you consult an attorney, would you mind posting a summary of your discussion back in the forum? There is a lot of interest by many people who have employment-based GCs and, while their situations may not be identical to yours, could probably benefit from your experience. Best of luck to you, and I hope that everything turns out OK, which I am sure it will - I have heard of very few (if any) problems that people with similar situations have had during the naturalization process.
 
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