Working without DHS authorization

[kitteh 1]

OK, I've read the sticky at the top of the Working and Traveling Prior to Green Card forum but I still have a question.

My husband entered the US in May and we were married in June. We have yet to send the AOS forms to apply for legal residence and an EAD because we've gotten tied up trying to obtain my previous years' tax information and that of our co-sponsor.

The thing is, my husband has a job and has been working throughout August. He has a social security number and it has the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" stamp on it but the employer didn't ask for DHS authorization. He hasn't yet received a check because he started work too closely to the first pay period in August. We're expecting to receive his first paycheck this friday for the hours worked in August. I'm wondering what the repercussions of this may be. We're planning to send in the AOS packet ASAP (still waiting on the tax transcripts to arrive from the IRS!) and when he applied for the job we didn't realize that we were basically breaking the law. But his employer accepted his SS card even with the stamp on it, which I realized after the fact. A friend of mine at work who entered the US on a k-1 visa told me that he started to work at another job after sending in his paperwork but before receiving his DHS authorization and that his lawyer told him that since he was just waiting to receive the paperwork he would be fine and wouldn't cause himself any problems by working, but we haven't even sent in the paperwork yet! I don't know what we can do except to send the AOS packet as soon as we can and hope that we don't get in any trouble, but we really don't want my husband to quit his job either.

Any info or experience that any of you may have would be greatly appreciated.

[Dakine 26]

Playing with FIRE bigtime!

[belinda63 3,038]

illegal, no authorization to work

[Aubrey 10]

Careful, that's a good reason to be denied your permanent residency.

[Chica Yeyé 41]

You guys are indeed playing a very dangerous game. He is not allowed to work until he receives his EAD. Quite simple - doing otherwise is illegal. So best is he quits now and waits for the proper documentation.

[jlovesj 0]

i got here in usa last May under k1 visa then applied for my ssn in my maiden name same month. then june we got married after 3 weeks i was hired to work in a nursing home. they didnt care to ask me about ead all they want is my alien number and my social security card under my maiden name. i went to ss office to change my ss card to my married name but then the officer told us just come back when i get my green card then they will replace my card to my married name. i was so worried and asked if im legally allowed to work. the officer told me YES because i have my ss card already. i passed my aos last july and just finished my biometrics. i even filled up my 1485 the company name xurrently working at and my position to this company.

hope it will help.

[Ed+Cindy 1]

You should apply for AOS ASAP, so you can get the EAD ASAP.

Even if you have to omit some of the tax stuff for the affidavit of support (worst case you get an RFE for that, but in the meantim, the EAD would have been processed).

My gut feeling (not fact) is that if you worked a few weeks without the EAD (while still valid on the I-94 and with an SS#) maybe it could be considered a 'minor mistake' because neither you nor your employer understood the facts (it is confusing).

However, since you haven't even applied for AOS, it is very likely you will be working illegally for many months (3-4 or more) while waiting for the EAD. That, to me, is greatly pushing it, especially since you now know working is not allowed.

Maybe before you could defend yourself by saying that you didn't understand and your employer never asked for more than the SS#. That might be accepted and overlooked. Having been informed that what you are doing now is illegal, and you are taking a chance with your immigration status.

Edited August 25, 2009 by Ed+Cindy

[Chica Yeyé 41]

Maybe before you could defend yourself by saying that you didn't understand and your employer never asked for more than the SS#. That might be accepted and overlooked. Having been informed that what you are doing now is illegal, and you are taking a chance with your immigration status.

I like how you think.

I just don't understand why on god's green and polluted earth would anyone in their right minds would jeopardize their permanent residence for this. Like #######, really.

[Usui Takumi 1,562]

I learned something today. Apparently working illegally whilst connected to a US Citizen relative is "forgiven" when it comes to perm. residency at least per Krikit's link.

http://www.visajourney.com/forums/index.ph...14553&st=15

[kitteh 1]

I just don't understand why on god's green and polluted earth would anyone in their right minds would jeopardize their permanent residence for this. Like #######, really.

Hence the reason I'm so worried and stressed out! We were ecstatic that he was able to find a job, especially since the economy has been ####### lately. I'm 4 months pregnant and we really REALLY needed the extra income and honestly didn't realize that we were supposed to wait for the EAD card to arrive (I actually thought we got the EAD stamp at the airport upon his entrance to the US and just didn't give it a second thought when he was hired since his employer didn't give us any problems.) I've been working on the paperwork all morning and I think that I am able to have the tax information faxed to us tomorrow. We also managed to get an emergency Dr appointment to verify his vaccines tomorrow, so it's quite likely that we'll have the AOS packet sent off by tomorrow evening or the very next morning.

He was hired so easily because the cafe he's at was very short staffed, so I'm sure that they won't allow for him to take unpaid leave while awaiting the EAD. I'm still rather freaked out and frantic trying to decide if he ought to just quit outright and try to find a new job when the EAD card arrives. Unfortunately with a baby on the way we really need his income, maybe not so much now but certainly in the future when I have to stay home for maternity leave. I'd hate for him to quit this job and then have difficulty finding another job down the road when we need his income. But of course that is obviously better than him being denied permanent residence.

[Chica Yeyé 41]

I think you should indeed ask husband to quit now and not accrue more working without EAD time. But then again, I am not a lawyer -- though I am always very, very cautious when dealing with USCIS.

[Ellie-and-David 38]

If your husband's illegal working is not forgiven (as a previous poster has said) then your husband may risk his chances of becoming a permanent resident, will be forced to return to his home country and you will be left holding the baby alone. Is it worth the risk?

The rules are very very clear.

No EAD or greencard. No work.

[Kathryn41 3,205]

Oversatys and working illegally are forgiven when the AOS is approved. It is the employer who is actually running the greater risk by employing someone who is not eligible to work as they can be fined if it is discovered. File the AOS asap so you get the paperwork started. Ideally he should see about taking a leave of absence until he receives his EAD. It is important that he answer truthfully if he is ever asked either verbally or in writing by USCIS if he has ever worked illegally. Working illegally can be forgiven - lying about it carries terrible repercussions.

[kitteh 1]

That's a great point Kathryn, we'll be sure to be completely honest about this situation if asked by USCIS.

And Ellie, if--God forbid--something like that should happen and my husband were unable to complete perminent residence here and were forced to return to Chile I wouldn't be left here alone with the baby. Obviously we hope to never have to face this possibility, but I would then certainly move to Chile with him and we would see about how to proceed from there.

[Otto 83]

I'm not so sure your husband is breaking any law (or which laws they are, presumably there is a law against this) but, as Kathryn said, the burden falls on the employer because there are definitely laws being broken.

Things I'd be concerned about:

• Without knowing how important this job is - everyone involved is putting it in jeopardy by not following the rules/laws - if it is discovered, the employer pays the price sure but I can almost guarantee you the employer will cut-and-run from the foreign spouse - quicker than you can say DHS - this leaves them high and dry.
• Also concerned that the foreign spouse may not be treated fairly (lots of examples of that happening)
• Also - should something happen, am not sure things like Worker's Compensation can be obtained.

Certainly worth the added couple of months to wait for the EAD. Am sure we all realize that when things are tough, you have to do what you have to do though..