Using AC21 for I485 Portability Any Problems for Citizenship?

O

Obongo

Registered Users (C)
Hi,

Has anyone who used I485 portability via AC21 run into
problems when applying for citizenship?

Did you or did you not tell the INS (at the time)
about your impending job change?
 

It really shouldn't be an issue, especially since employment isn't really a criteria for naturalization above and beyond establising you obtained your GC legally.
 
boatbod said:
It really shouldn't be an issue, especially since employment isn't really a criteria for naturalization above and beyond establising you obtained your GC legally.
Click to expand...

Apparently, they can go back to your GC adjudicating and determine
it was wrong and deny citizenship!

The problem with AC21 was that it was never proceeduralized (it is just
a set of general comments). Hence, I'm interested in people's experience.
 
Yes, they can go back and revisit the GC application, but the longer you are a permanent resident, the less likely it'll be done. [USCIS are primarily interested in the 5 years immediately preceding your N-400 application. They will check how you got your GC, but may not have any correlating evidence if your 5 year employment history doesn't start near the GC date.]
 
The office will check the I-485 how the GC was approved. At this time we dont have many who used AC21 and are eligible for Citizenship or filed for Citizenship after invoking AC21. Better to file Citizenship in posters situation After 5 years 3-4 months as one only have to list work history of 5 years on form

Adjudicator's Field Manual for Citizenship

Cizenship application review Process by USCIS officer
http://www.uscis.gov/lpbin/lpext.dl...ment-frame.htm#afm-95-redacted-chapter72-46-2


http://www.uscis.gov/lpbin/lpext.dl...ument-frame.htm#afm-95-redacted-chapter-32-74
 
Ginnu,

Thanks for your comments. I 'm going to file today. I think
it will look better if the N400 shows that original sponsor.
If I wait 5 years the original sponsor disappears from the N400
form, but the officer will find it out and then it looks suspicious.

I met the conditions of AC21 fairly easy (I was fired so you
can't stated I changed my intention). The INS approved
the petition so I should be fine.

Wish me luck!


ginnu said:
The office will check the I-485 how the GC was approved. At this time we dont have many who used AC21 and are eligible for Citizenship or filed for Citizenship after invoking AC21. Better to file Citizenship in posters situation After 5 years 3-4 months as one only have to list work history of 5 years on form

Adjudicator's Field Manual for Citizenship

Cizenship application review Process by USCIS officer
http://www.uscis.gov/lpbin/lpext.dl...ment-frame.htm#afm-95-redacted-chapter72-46-2


http://www.uscis.gov/lpbin/lpext.dl...ument-frame.htm#afm-95-redacted-chapter-32-74
Click to expand...
 
Thanks!

But am I right in saying its better for me to
state the situation on the n400 rather than
letting the INS officer discover the situation? I think
it will appear sneaky if I wait until the sponsoring
employer falls off the n400 form and then file.

As I said, I met AC21 perfectly, but did not have
time to file the AC21 letter since 2 weeks after
I joined new company AOS came through. The INS
memo ineffect at the time did not say you had to
file the letter.

Granted, if I was going to wait 10 years rather
then 5 years to file for citizenship that would be
much better.
 
You must log in or register to reply here.
Top