unixtmusa

The general rule is to file as a LPR, you never know what glitches might delay naturalisation. And you can 'upgrade' later.

However that is possibly not so relevant in your case as the spouse of a LPR I believe needs to be in status to adjust in the US, and would have a ban, assuming an overstay of 180 days or more, when leaving.

I do not believe a filed I -130 would have any impact on deportation proceedings, I have seen people deported in similar situations.

But go with the legal advise, you paid for that.

Just an update: I became a US Citizen on March 22, 2007 @4:00pm. I now have my wife's packet to send to Chicago for her AOS. The IO did ask about my wife's status, told her she has B1 and an overstay, but it didnt seem to faze her at all. I am hoping my wife's AOS will be as smooth as my natz process was. Thank you all for the input.

I got my green card on 05/18/01. Now I want to apply for citizenship. But I never joined my sponser employer who filed the green card for me. Once my GC got approved my employer told me that they do not have enough budget to hire me.

Now will it come uder fraud. My intetinon was to join the company. Now If I apply for citizenship then INS may revoke my green card saying that I never had the intention to join the sponser employer.

What should I do. Is there any hope?

Thanks,

Deepa

HI! It doesent look like a fraud to me,i am not sure seems it was not actually your fault.

You said that when your Green Card was approved your employer told to you that they dont have enough budget to hire you or to keep you there anymore?.... Did you work in that company for a while before you got the GC?. thats how you've got the GC?

If you used to work there before and then they said that they cant afford you anymore that wouldnt be your fault i guess and you should be fine.,but i dont know that if you should off notify INs about that issue or not.

If they request to be notified about these kind of issues and you didnt notify them you might be introuble though., but you need to read the www.uscis.gov website and see whats their rules are.

Best wishes.

Sincerely.

I woould say speak to a good lawyer. Maybe to a couple to get varied opinions. Good luck.

Both my daughter and I are Canadian citizens and LPRs living in the US. However, she plans to pursue her University studies in Canada for many reasons, one of which is cost. Can someone please point me to the rules and the "hows" of getting a reentry permit for a situation like her? She will probably be away for a total 10 mos each year for 4 years. Maximum strech she will be gone for each year is 5 months for one semester and then come back for the break and leave 2 months later for another 5 month semester or something close to that. I'd appreciate any input on this. Thank you.

I did speak to a lawyer, and a good one at that. She said that I should be honest about everything on the N400 as everyone suggested. This is what I intended to do anyway. She did say that in her 15 year experience, she hasnt heard of anyone being deported due to a N400 application with the same situation as I am. She even said that in her experience, she hasnt heard of a case where the INS or any of its agencies run after an employer for hiring an illegal allien, who is trying to become legal, as an example. Of course, if my spouse commits a crime it might be a different story. Is it a slum dunk that she wont get deported? I think the answer is that its not 100% as she suggested but the likelihood of that happenning is slim to none. Other respondents on my posts with other forums who were on the same situation like mine seem to attest to that as well.

One more thing, someone suggested to me to file an I-30 as an LPR while waiting to become a USC. This will not expedite her being legal but I thought it might stave off deportation, if that happens, while waiting to be a USC. The same lawyer said that it is a logical approach but wont really need it until deportation proceedings do take place. According to her an I-130 is easy to file and at that point, I will need to hire a lawyer to get things done accurately.

I feel much better now that I have people responding to this post and consulting a good lawyer. The best scenario is that I get thru and become a USC without glitch. In the event it doesnt happen that way, at least my spouse and I have courses of action to take. This forum and your suggestions have minimized my anxieties and sleepless nights. I will keep you posted to share my experience. Once again, thanks to everyone.

I'm applying for my USC in a few weeks. I am married. My spouse came in with a B2 tourist visa and has since overstayed. I know I need to be truthful on part 8 of the N400 for Spouses Immigration Status and I will state her status as "B2 - Overstay Tourist Visa". Should I be concerned that deportation proceedings against her might ensue while I'm waiting to become a USC? I understand that it may take somewhere bet 6 - 12 mos to be sworn in as a USC. Need a sound legal opinion here and/or someone who can share the same experience. Thanks a lot in advance...