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Posted (edited)

1. If one is fired and has to subsequently avail employment insurance payments for a period of time before the new job is obtained, would that have any impact on naturalization application?

2. If not now, then in future, can the laws change and LPR who have availed EI payments can be barred from naturalization their GC be revoked?
3. In light of 1 and 2 above is it prudent to just not apply for EI even though one is eligible?
4. Also, in general, irrespective of employment insurance payments, is ANY period of unemployment considered a negative factor for naturalization?

 

Thanks!

Edited by please_vacate
Filed: K-1 Visa Country: Wales
Timeline
Posted

No

 

What law?

 

No

 

No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)

1. No

2. not retroactively.  Wouldn’t hold up in court. 
3. EI is an entitlement you’ve earned.

4.  If  the green card was obtained through employment, separation from the employer who petitioned the gc can raise questions during naturalization. If family based green card, DV based, etc, no issue. Employment is generally not a requirement to naturalize 

Edited by Mike E
Posted (edited)
9 minutes ago, Mike E said:

4.  If  the green card was obtained through employment, separation from the employer who petitioned the gc can raise questions during naturalization. If family based green card, DV based, etc, no issue. Employment is generally not a requirement to naturalize 

Thank you. I was referring to spousal green card.

Also, not to be pedantic but I believe in the U.S., laws can be passed and applied retrospectively. I am not a lawyer, but my understanding is that retrospective laws can be passed, enforced and are constitutional. Hence my question about just avoiding filing for EI. Although, I agree, for any political party to try to penalize someone for availing payments of an "insurance" they paid into would be ridiculous.

Edited by please_vacate
Posted
1 hour ago, please_vacate said:

Thank you. I was referring to spousal green card.

Also, not to be pedantic but I believe in the U.S., laws can be passed and applied retrospectively. I am not a lawyer, but my understanding is that retrospective laws can be passed, enforced and are constitutional. Hence my question about just avoiding filing for EI. Although, I agree, for any political party to try to penalize someone for availing payments of an "insurance" they paid into would be ridiculous.

Unemployment is not a means-tested benefit.  It is insurance that you and your employer pay into with each paycheck.  

 

Not sure what you are referring to in terms of retroactive laws, but I can't see any government agency seeking repayment for such.  For example, even as tax laws are changed, it doesn't change the status of taxes paid/filed under previous law.

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
1 hour ago, please_vacate said:

Also, not to be pedantic but I believe in the U.S., laws can be passed and applied retrospectively.

If you are convinced that is true why solicit a contrary view?

 

1 hour ago, please_vacate said:

 


I am not a lawyer, but my understanding is that retrospective laws can be passed, enforced and are constitutional

Not going to happen. I’m out. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
8 hours ago, please_vacate said:

Also, not to be pedantic but I believe in the U.S., laws can be passed and applied retrospectively.

Name one.  I can't.

Your concerns are misplaced.  This is not anything to be concerned with.  I would move my attention to other areas. I'm out.

Edited by Crazy Cat

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted (edited)
13 hours ago, Mike E said:

1. No

2. not retroactively.  Wouldn’t hold up in court. 
3. EI is an entitlement you’ve earned.

4.  If  the green card was obtained through employment, separation from the employer who petitioned the gc can raise questions during naturalization. If family based green card, DV based, etc, no issue. Employment is generally not a requirement to naturalize 

4. Even that is very unlikely unless the employment with the sponsor was terminated soon after the GC had been approved. Most attorneys suggest to stay with the sponsoring employer for 6 months after the LPR status begins, but I've never seen a case where that actually became an issue (and I looked), even in cases when employment was terminated just weeks after the GC.

Edited by randomstairs
03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
15 minutes ago, randomstairs said:

I've never seen a case where that actually became an issue

I have. Otherwise I wouldn’t have noted it. 

Edited by Mike E
Posted
2 minutes ago, Mike E said:

I have. Otherwise I wouldn’t have noted it. 

That's surprising. Do you've a reference by any chance? Thanks!

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
3 minutes ago, randomstairs said:

That's surprising. Do you've a reference by any chance? Thanks!

https://www.reddit.com/r/USCIS/comments/mvs428/n400_rejected_after_strange_rfe_help/

 

Posted
5 minutes ago, Mike E said:

Wow. That's a bizarre case. I wonder if they appealed. Perhaps they had something on their mom's record. Thanks for finding it!  

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

I would have thought that Reddit case could have naturalized in front of a Judge if and probably a big if that was the only issue

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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