OPINION-US VISA | IMMIGRATION CORNER- Wife’s green card in jeopardy

In the same way, if a person is petitioned by an employer, but has never worked for that employer, or goes and works elsewhere before the case is approved, it could look like a fixed job

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This is very important in connection with people who obtained their green card through their employer’s petition. If they file for naturalization, it is likely they will be questioned about whether they worked for the petitioning employer.

What makes this particular situation about this couple unusual, or new and different, is that now USCIS appears to be questioning derivative relatives about whether the principal beneficiary ever worked for the employer. Therefore, it appears that any family member who applies for citizenship should now be expected to be questioned and investigated on how the principal beneficiary obtained his or her green card. If, for example, the principal never worked for the employer, it could jeopardize any derivative beneficiary’s immigration status and ability to naturalize.

If you are considering naturalizing, whether you are the principal or derivative beneficiary, and the green cards were obtained through an employer petition, I would recommend that you consult with an attorney who can evaluate your case and assist in packaging your naturalization application.

Remember, when you file for naturalization, your entire immigration history is examined. USCIS is evaluating if the green card may have been approved in error or whether you complied with the terms of the green card or had any immigration violations that could possibly subject you to removal or denial. An attorney can evaluate your case to make sure everything is in proper order.

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