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Greend Card Revocation

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KDS95AB

Junior Member
New Jersey


My sister is a doctor from foreign country. She had obtained green card based on National Interest Waiver application in 1997 to work for medically underserved area as doctor for 2 years based on a written offer from an employer who was ready to hire her in that area after she completed residency and obtained license as doctor. The application stated that she would work for that underserved area after she completes residency training and obtains license as doctor (though the application did not mention any time frame as to within how many years after completing residency she has to work there)


When the initial application was sent, she did not even have a residency position at that time, but she had passed the required examinations and had ECFMG Certificate when the application was sent - that alone was enough at that time and many people had obtained green cards in that manner at that time. The application was that she will work for that area after she obtains and compeltes residency training.


The NIW application was approved in 1997, she subsequently got residency in 1998 and she got the green card in 1999 and applied for citizenship in 2004. She completed residency training in 2001, obtained license as doctor and then completed fellowship training in 2003; but did not work for that medically underserved area subsequently. She did work for some other medically underserved area (for less than 2 years) subsequently. She is now scheduled for citizenship interview.


She also has a letter form the original employer stating he could not employ her subsequently as doctor due to his ill health. Her Green card is permanent (10 years) it and states category as "E26" on green card.

Will she have any problem with citizenship and can they revoke her green card because she did not fullfill the condition of the initial NIW?

Have you heard of any cases like this where there was problem with citizenhsip?

Would it be better for her not to go for citizenship interview and just continue on greencard?

Can someone in the forum please reply.

Thank You
 



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