Work visa turn citizen??

[Reeena 0]

Hello VJ!!

Hope everyone is doing well.

Finally settling down here in Utah... Arrived first week in May and my family (hubby and boys) are already back in Canada visiting family.

Luckily they come home next week as I am already going crazy missing them, strange I know!

Anyways quick question...

a co-worker here is dating someone that came here 7-10 years ago on a work visa but now claims to be a US citizen... you can do that?? I didnt know that someone that came here on a work visa could switch it over and then get citizenship?

Thanks guys

[TayRivers 4]

Hello VJ!!

Hope everyone is doing well.

Finally settling down here in Utah... Arrived first week in May and my family (hubby and boys) are already back in Canada visiting family.

Luckily they come home next week as I am already going crazy missing them, strange I know!

Anyways quick question...

a co-worker here is dating someone that came here 7-10 years ago on a work visa but now claims to be a US citizen... you can do that?? I didnt know that someone that came here on a work visa could switch it over and then get citizenship?

Thanks guys

If they were here on a work visa and they met the requirments to adjust their status and were approved, they could then file for Citizenship 5 years after the approval date of the Greencard.

So yes it is very possible..

[thetreble 19]

If they were here on a work visa and they met the requirments to adjust their status and were approved, they could then file for Citizenship 5 years after the approval date of the Greencard.

So yes it is very possible..

How could you get a green card off a work visa? I don't know much about work visas but I assumed you couldn't become a permanent resident off of a work visa.

[thetreble 19]

so looking into it more, I guess it's possible. However, I don't see why. When is employment ever permanent? You could get fired tomorrow, the company go under, you may be laid off, you may want another job, etc. It strikes me as odd that you could file for permanent residency through employment.

[Krikit 1,164]

The Hollywood people do it all the time. I can see where you're here working for a while and you eventually come to the point where it now feels like home and you'd like to make it permanent.

[thetreble 19]

The Hollywood people do it all the time. I can see where you're here working for a while and you eventually come to the point where it now feels like home and you'd like to make it permanent.

Oh that's understandable. I'm sure athletes get it all the time too. For the regular joe-shmoe like me though...not sure if I like that.

[Reeena 0]

Wow! I would of never known... strange, but now I guess it makes sense.

Thanks so much for all of the speedy replies!!

[warlord 73]

Well the only way they are a US citizen is as mentioned they have applied for the AOS like everyone on here has by work based sponsorship and then waited 5 years and then applied for the N-400, done the interview, got an oath date and then got sworn in.

If they have not done that, then what they are doing is illegal (by claiming to be a US citizen when they are not) and thus if they ever did qualify for citizenship and applied and they found out about him cliaming to falsly be a citizen, then they would be denied and possibly have their status revoked.

INS looks seriously on people who falsly clain citizenship or vote when not a citizen etc. It's very dangerous.

If this person has a US passport and has a US certificicate of Naturalization, then they are a citizen, if not then they are not.

With the Hollywood thing and Atheletes. Believe it or not, many are still not US citizens at all. Many continue to live and work here on a certain work status visa (the entertainment one of exeptional ability, can't remember the name). Look at someone like William Shatner who has lived in California most his life and as of 2006 was still not a citizen. So many are just here permenantly on green cards derived from their work visas and never citizens at all...

[warlord 73]

Sorry for the double, this is a response today http://forums.immigration.com/showthread.php?t=300887 from someone who was caught claiming to be a US citizen when they were not at their interview.

The only reason I'm mentioning all this, is because in Reeena's post she specifically stated "Claims to be a US citizen" which sends out all the red flags...

[Krikit 1,164]

There were a few people on VJ who claimed citizenship status when trying to enter the US. They now have a lifetime bar and will never gain entry to the US again under any circumstances.

[SapphireDreams 71]

I'm pretty sure there are some Work Visas that are dual intent, meaning you can be sponsored by your employer for a Greencard.

Then there are certain work visas that are always going to be non-immigrant - like the TN visa for example can never turn into a greencard (from what I've researched).

It just depends on the type of work visa that they have and how willing the company is to sponsor them.

[thetreble 19]

I'm pretty sure there are some Work Visas that are dual intent, meaning you can be sponsored by your employer for a Greencard.

Then there are certain work visas that are always going to be non-immigrant - like the TN visa for example can never turn into a greencard (from what I've researched).

It just depends on the type of work visa that they have and how willing the company is to sponsor them.

True.

I would imagine though to fit in that first category, you'd have to be in a specific crazy job like..a nuclear scientist!

[SapphireDreams 71]

I'm pretty sure there are some Work Visas that are dual intent, meaning you can be sponsored by your employer for a Greencard.

Then there are certain work visas that are always going to be non-immigrant - like the TN visa for example can never turn into a greencard (from what I've researched).

It just depends on the type of work visa that they have and how willing the company is to sponsor them.

True.

I would imagine though to fit in that first category, you'd have to be in a specific crazy job like..a nuclear scientist!

Yes I think so, especially these days. 10 years ago it was probably much easier, or before 9/11.

I was talking to a guy at my medical who was getting a visa that would eventually get him a Greencard. He never did say what visa it was, but he had to do the medical and go to Montreal and everything like a family-based visa. He was some sort of crazy engineer.

[warlord 73]

I'm pretty sure there are some Work Visas that are dual intent, meaning you can be sponsored by your employer for a Greencard.

Then there are certain work visas that are always going to be non-immigrant - like the TN visa for example can never turn into a greencard (from what I've researched).

It just depends on the type of work visa that they have and how willing the company is to sponsor them.

True.

I would imagine though to fit in that first category, you'd have to be in a specific crazy job like..a nuclear scientist!

Yes I think so, especially these days. 10 years ago it was probably much easier, or before 9/11.

I was talking to a guy at my medical who was getting a visa that would eventually get him a Greencard. He never did say what visa it was, but he had to do the medical and go to Montreal and everything like a family-based visa. He was some sort of crazy engineer.

There are several that you can have that will lead to a Green Card. You can have a H1-B visa and immediatly apply and get sponsored for a Green Card without any problems. In fact there are several others that are like that too. None of which will ever grant you immediate citizenship.

Even with all these other visas that allow dual intent, you still need to apply for AOS and then after you successfully fulfill the 5 years (minus 90 days) residency can you then apply for citizenship. So once again, you need to fulfill all the qualifications, fill out all the numerous paper work and stuff to get your Green Card (regardless) and then later for your Citizenship. The only thing they don't have to do is the Removal of Conditions like we all have to. Then again, we can apply 3 years (minus 90 days) unlike them.

People can get from TN to Greencard as well. It's just all in the timing. I did that by marriage, but many others have done it through work sponsor. Get a TN, get the company to sponsor your Green Card, do all the processes etc and hope the timing works out to get your EAD before the TN expires. This is pretty common actually.

But as Krikit said, claiming to be a citizen when you have not taken the Oath is a very serious offence and can revoke your status and bar you from the US. Same with voting in most elections when you are not a citizen. It's federal fraud and that's immediate grounds for termination from the US...

[Flames9_RN 358]

Think it was last yr, there was a new Cdn VJ memeber who stated she told the POE she was an American citizen, when in fact she wasnt! And got banned and she was looking for waiver help!!!