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PeteM

Would getting laid off from the petitioning employer 4 months after receiving my Green Card cause any issues with N-400?

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I have been on an employment based Green Card for 5 years and 1 month and just filed my N-400. I'm a bit concerned because when I received my Green Card in early November 2008 I was laid off 4 months later in late March 2009 by the petitioning employer. I was an IT consultant and the client at the time decided to hire another company to continue the work (not due to my own or employer's fault). My employer could not find me another project so they laid me off. I could not find another job in the 2009 recessionary market and filed for unemployment benefits that I was entitled to. I eventually found another job in the same field around February 2010 and have been in that position since then.

Would losing my job so soon after receiving my Green Card and not being employed for almost 1 year after that cause any issues with my Citizenship application and/or interview?

Thank you.

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No. It's not a requirement that you are employed to be able to file for citizenship.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Welcome to VisaJourney! I'm transferring your thread from "Introducing our Members" into the US Citizenship forum, where your topic is even more pertinent. Good luck!


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Don't even have to show your tax returns for the five year, but for whatever reason, want your employment history, and being a housewife or a college student is perfectly acceptable.

Sounds like you were a victim of a hostile takeover, quite common in this country, work your can off so your company is making a good profit and in comes the greedy people to buy it and put you out of work. Happened to me three times in my life, but in highly technical skills, only satisfaction I received from this is without these highly technical skills, my companies that were taken over bellied up after a year.

Latest was slamming the doors shut and moving my company to China, our idiots running MY country that I fought for are doing this! What the heck, we were fully automated in our production lines. Would reply, would be more than happy to work for a buck a day, just reduce my property taxes to a buck per year.

But as long as you have skills, can find something, but sometimes takes awhile. As long as you were a good kid and didn't get into any trouble with the law, you will be okay. And as a US citizen, more jobs will be opened to you, like working for the government. But I feel after dealing with several government employees, a key requirement is to have an IQ of less than two. If you are a complete idiot, can run for congress.

The IRS is so stupid, don't even realize after the buck leaves this country, they cannot tax it. We use to have laws against stuff like this, and somebody said we need less government. That we got, first thing to go was the FTC.

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I have been on an employment based Green Card for 5 years and 1 month and just filed my N-400. I'm a bit concerned because when I received my Green Card in early November 2008 I was laid off 4 months later in late March 2009 by the petitioning employer. I was an IT consultant and the client at the time decided to hire another company to continue the work (not due to my own or employer's fault). My employer could not find me another project so they laid me off. I could not find another job in the 2009 recessionary market and filed for unemployment benefits that I was entitled to. I eventually found another job in the same field around February 2010 and have been in that position since then.

Would losing my job so soon after receiving my Green Card and not being employed for almost 1 year after that cause any issues with my Citizenship application and/or interview?

Thank you.

My understanding is that the only issue with switching employers after receiving your Green Card is that it raises questions about whether or not your application was made in good faith. In other words, did you get and keep the job only in order to get a Green Card

What raises a red flag is when someone leaves a job shortly after getting his/her Green Card and takes another job that may not have been willing to sponsor his/her permanent residency. Since you did not leave your job voluntarily and you did not jump to another more lucrative or convenient (benefits, location, etc.) employer, I don't think you have anything to worry about. There's nothing that indicates that you intended to jump employers when you applied for your Green Card.

That being said, the general rule is that if there is any doubt that you did not apply in good faith, the burden of proof is on USCIS if you've changed jobs 2 years or more after receiving your Green Card, while the burden of proof is on you if you've changed jobs less than 2 years after receiving your Green Card. So, while I think it is very unlikely, USCIS may ask you to prove that you did not intend to change employers when you applied for your permanent residency. This should be easy as long as you can show that you were terminated involuntarily. There's more information on the "2 year rule" here http://www.***removed***/greencard/employmentbasedimmigration/sponsoring-employer.html but I haven't found

That's a lot of background info, but long story short, you're almost certainly going to be fine.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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