Bakersfield, CA asked in Immigration Law for California

Q: Can breach of contract be a reason for revocation of green card?

I am an RN who was petitioned by an employer. My green card has already been issued. I resigned after 6 months of being employed with them due to unhealthy work environment therefore resulting to breach of contract and some penalties that I am willing to settle. Will breach of contract be a reason for revocation of green card? If not, will this be a problem when I apply for naturalization after 5 years? Thank you.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: It is unclear whether the employment contract is enforceable as a matter of Federal immigration and labor law. There is sometimes confusion in local courts. You were lawfully admitted based upon a position. The position was offered to you for an indefinite period of time based upon a shortage of nurses. If you worked for the employer in good faith, then left after 180 days, then this is significant, arguably helpful.

It is unclear how or what your employer will do. It is unclear whether such action affect you when you apply for citizenship and naturalization. Due to the above, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Do this before there are any other complications or unnecessary financial losses. Our office has successfully work on such matters.

Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: So if you have your green card already, depending on the type of green card, the USCIS has 5 years to rescind it but it must show that you never had the intent to be in that job which is a burden on them. For practical purposes, unless something took place in addition to what you described, your changing employers would not really be an issue until you file for naturalization. (If, however, you were still waiting for your permanent residence card to be approved, this would be somewhat more complicated).

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