Please Advice , N400 second interview

[doug100 0]

Hi All .

 

I applied for my US citizenship  and got my first interview feb 1 2020 and got a second interview request on Sep2 nd and I attended the interview along with my Attorney.

VO questioned my why I did not work for the company who sponsered my GC and I told them about how after waiting for 5 yrs for my GC , whenI finally got my GC I was not able to join the sponsoring company as my wife had a high risk pregnancy and delivered soon after withn in 3 months.

Now I am worried they are going to not only deny my N400 but also my green card .

would not joining the sponsoring company be reason for revoking my green card

 

[SalishSea 18,290]

You didn't work for them at all during the five years before you got your GC?

[doug100 0]

7 hours ago, Jorgedig said:

You didn't work for them at all during the five years before you got your GC?

No , they offered to file my GC for future employment

[xyz12345 260]

Unfortunately, 

 

From https://www.nolo.com/legal-encyclopedia/can-change-employers-while-green-card-application-pending.html

 

Similarly, the employee promises to accept that position upon approval of the green card. Thus, such employees are expected to work for the employer that sponsored them for a reasonable length of time after they receive green card approval. (There’s no set amount of time required.) Failure to do so may create serious problems for these employees later, particularly if they attempt to naturalize to U.S. citizenship.

[Casio2020 0]

Doug, what USCIS office did you apply to? and did they bring this up in 1st interview as well?

[carmel34 3,664]

11 hours ago, doug100 said:

when I finally got my GC I was not able to join the sponsoring company

This is the crux of your problem.  You did not work for the sponsoring company that originally petitioned for you, so you may have to appear before an immigration judge, and your LPR status could be revoked.  Hopefully your attorney is experienced with similar cases and can figure out a way for you to stay in the US legally.  Be ready with a backup plan to return to your home country if necessary.  Good luck!

Edited September 15, 2020 by carmel34

[doug100 0]

5 hours ago, Casio2020 said:

Doug, what USCIS office did you apply to? and did they bring this up in 1st interview as well?

SF

[doug100 0]

3 hours ago, carmel34 said:

This is the crux of your problem.  You did not work for the sponsoring company that originally petitioned for you, so you may have to appear before an immigration judge, and your LPR status could be revoked.  Hopefully your attorney is experienced with similar cases and can figure out a way for you to stay in the US legally.  Be ready with a backup plan to return to your home country if necessary.  Good luck!

Circumstances change , it  was a long time ago 2005 and got my GC 2010 , I already had moved to another state , The only thing which I think matters is if I intention to join the employer when they filed for my LC

Edited September 15, 2020 by doug100

[NEW CITIZEN 151]

1 hour ago, doug100 said:

Circumstances change , it  was a long time ago 2005 and got my GC 2010 , I already had moved to another state , The only thing which I think matters is if I intention to join the employer when they filed for my LC

But the original approval for your GC was based on that particular employer. They sponsored you.

 

[Casio2020 0]

1 hour ago, doug100 said:

Circumstances change , it  was a long time ago 2005 and got my GC 2010 , I already had moved to another state , The only thing which I think matters is if I intention to join the employer when they filed for my LC

So how did this come up at the interview? did the officer bring it up him/herself? Because you would have only shown last 5 years on the N400 form.

 

Listen, worst case they not only deny N400 but also try to revoke GC. Your best defense, like you said, is that while you didn't work, you always had INTENTION to work .

[MaleAlpha 314]

Not adding much here in terms of help but seems like one of those cases where remaining an LPR would have probably been the best option. Hindsight though is always 20/20.

Tough one but hopefully everything works out for you. I feel for you. Good luck!

[Mollie09 1,543]

13 hours ago, Casio2020 said:

So how did this come up at the interview? did the officer bring it up him/herself? Because you would have only shown last 5 years on the N400 form.

 

Listen, worst case they not only deny N400 but also try to revoke GC. Your best defense, like you said, is that while you didn't work, you always had INTENTION to work .

 

Probably because he had to list all his employment since becoming an LPR

[Casio2020 0]

1 hour ago, Mollie09 said:

 

Probably because he had to list all his employment since becoming an LPR

Well N400 only asks for last 5 years. Given he got GC in 2010, that's why I asked whether the officer specifically asked him to list all employers since GC or did he volunteer that information.

[xyz12345 260]

14 minutes ago, Casio2020 said:

Well N400 only asks for last 5 years. Given he got GC in 2010, that's why I asked whether the officer specifically asked him to list all employers since GC or did he volunteer that information.

USCIS can review your entire immigration history, even after interview. I didn't realize that until one such  story here in VJ. It's USCIS's last chance to see if you're eligible for citizenship. 

[doug100 0]

5 hours ago, Casio2020 said:

Well N400 only asks for last 5 years. Given he got GC in 2010, that's why I asked whether the officer specifically asked him to list all employers since GC or did he volunteer that information.

yes , hey asked me in the second interview

5 hours ago, xyz12345 said:

USCIS can review your entire immigration history, even after interview. I didn't realize that until one such  story here in VJ. It's USCIS's last chance to see if you're eligible for citizenship. 

yes , they can view all your history and have all your history from the day you landed