Ready to send Applications but really worried.

[Chris_Жанна 11]

No matter which way you look at it, Len's comment - "Bills and financial stress happen to everyone, yet most folks do not break the law to make ends meet" - is judgemental. However, I wasn't only referring to this post. There are numerous posts on here where people condemn others who've worked illegally. All I'm saying is don't judge until you've walked in the shoes of the person you're judging.

Sister Len's advice was the cold hard truth. No-one was judging the the OP, just giving the cold hard facts about how dead serious the USCIS views illegal work and overstays.

It doesn't matter what anyone on VJ thinks about it. Illegal immigration is illegal like it or not.

Would it be more responsible for Len or anyone else say "It's ok just disregard the rules" That is not only against the TOS but is irresponsible on many different levels.

I'm sure the OP is a fine person with difficulties, but none the less the OP could be Mother Theresa and if she had worked illegal or had an overstay the rules still apply.

Sister Len just isn't candy coating the truth and either will the USCIS.

Only person passing judgment here is you.

[juliava 80]

Lola2310-if you file everything correctly, your EAD is supposed to arrive in maximum 3 months. After that you can get a valid SSN and you will be ready to work again.

If they really care about you at your work as much as you care about your job-they will welcome you back whenever you get your stuff straight.

You are not the first illegal alien working without an employment authorization and writing about it on this forum. You got some good pieces of advice here and I must say they are right. Being out of status for a long time, working illegally under a non-valid SSN is a dangerous combination that could cost you a deportation and a 10-years ban big time. I wouldn't risk that. Better wait 3 months than 10 years...Trust me, you are doing the right thing leaving your job, you will feel much better. Good luck!

[TayRivers 4]

Posts containing personal threats have been removed..

Any more and further action will be taken..

Tay

Visa Journey Moderation Team

[MapleLeafBaby 1]

NM

Edited November 5, 2009 by poprocks

[JERIII 8]

I'm going to be sorry I'm doing this, but I've been thinking about it for a long time.

In the months that I have been on VJ, it seems to me that the posts have, in fact, been getting more judgmental, more strident, and less accepting.

I am also worried about how certain a lot of people seem to be. In this thread, we have an OP who asks for help, and is apparently going to quit her job based on the advice she has received.

Is everyone comfortable with this? Absolutely certain that advice is correct?

I'm going to pick two things out of this thread:

"8 years out of status might be overcome by marriage to a USC; but the working part can bury you. I mean that." (Len)

"Sister Len's advice was the cold hard truth. No-one was judging the the OP, just giving the cold hard facts about how dead serious the USCIS views illegal work and overstays." (Chris_Жанна)

In the first statement, Len suggests that being out-of-status MIGHT be overcome, but the unauthorized work is a major problem. Why does Len think these things? Are they correct? Are we sure they are correct in all cases?

In the second, Chris_Жанна suggests that illegal work and overstays are regarded very seriously by the USCIS.

Both of these statements might be correct. But they also might not be. My understanding is different. My reading of the Immigration and Nationality Act and of the experiences that have appeared on VJ is the overstays are ignored by the USCIS in cases of marriage to US citizens. So not that the overstay MIGHT be overcome, but that it is overcome, as a matter of black letter law. The law is almost identical on unauthorized work. It may be different for using someone else's SSN, but no one has stopped to breathe and to ask the OP about exactly what she is doing. However, I do not think I have seen a case where someone claimed to have been denied AOS for having worked illegally. Chris_Жанна's statement that illegal work and overstays are regarded very seriously by the USCIS seems counter to most experience with the AOS process. The idea that overstays and unauthorized work are vastly different doesn't match my understanding.

But - I might be wrong in my understanding, but so might the other posters.

I do think that the OP should think about quitting her job, but I also wonder if it shouldn't be her choice after she is given as much reliable, but possibly faulty advice that we can. (As opposed to esentially ordering her to quit, as one poster did.)

I do not advocate suggesting illegal actions, but in not suggesting illegal actions, we also need not jump on top of people to get them to stop doing something that we think is illegal.

And speaking of illegal actions, most of us on VJ are guilty of practicing law without a license, which is also illegal, so we might all want to calm down a bit and just try to help the all the other members of our community.

[dirtyweebesom 8]

Chris, I don't see how re-posting a nasty PM I got, and highlighting the poster's bad grammar is a personal attack. Also, "Just Bob's" analogy *was* ridiculous (and horribly offensive to the original poster), and once again I don't see why it was wrong to point that out.

All I did was come on here and stand up for someone who, ultimately, was getting attacked by others when she merely asked for help. Jeriii is right - people on here are far too judgemental and critical of other's situations.

[Chris_Жанна 11]

I'm going to be sorry I'm doing this, but I've been thinking about it for a long time.

In the months that I have been on VJ, it seems to me that the posts have, in fact, been getting more judgmental, more strident, and less accepting.

I am also worried about how certain a lot of people seem to be. In this thread, we have an OP who asks for help, and is apparently going to quit her job based on the advice she has received.

Is everyone comfortable with this? Absolutely certain that advice is correct?

I'm going to pick two things out of this thread:

"8 years out of status might be overcome by marriage to a USC; but the working part can bury you. I mean that." (Len)

"Sister Len's advice was the cold hard truth. No-one was judging the the OP, just giving the cold hard facts about how dead serious the USCIS views illegal work and overstays." (Chris_Жанна)

In the first statement, Len suggests that being out-of-status MIGHT be overcome, but the unauthorized work is a major problem. Why does Len think these things? Are they correct? Are we sure they are correct in all cases?

In the second, Chris_Жанна suggests that illegal work and overstays are regarded very seriously by the USCIS.

Both of these statements might be correct. But they also might not be. My understanding is different. My reading of the Immigration and Nationality Act and of the experiences that have appeared on VJ is the overstays are ignored by the USCIS in cases of marriage to US citizens. So not that the overstay MIGHT be overcome, but that it is overcome, as a matter of black letter law. The law is almost identical on unauthorized work. It may be different for using someone else's SSN, but no one has stopped to breathe and to ask the OP about exactly what she is doing. However, I do not think I have seen a case where someone claimed to have been denied AOS for having worked illegally. Chris_Жанна's statement that illegal work and overstays are regarded very seriously by the USCIS seems counter to most experience with the AOS process. The idea that overstays and unauthorized work are vastly different doesn't match my understanding.

But - I might be wrong in my understanding, but so might the other posters.

I do think that the OP should think about quitting her job, but I also wonder if it shouldn't be her choice after she is given as much reliable, but possibly faulty advice that we can. (As opposed to esentially ordering her to quit, as one poster did.)

I do not advocate suggesting illegal actions, but in not suggesting illegal actions, we also need not jump on top of people to get them to stop doing something that we think is illegal.

And speaking of illegal actions, most of us on VJ are guilty of practicing law without a license, which is also illegal, so we might all want to calm down a bit and just try to help the all the other members of our community.

If the USCIS did not see this as overstays and illegally working in the US why would this be an issue at all? Why would have the OP posted this in the first place?

Len was expressing the graveness of her situation telling the OP not to take this situation lightly, no-one said that the OP cannot adjust status. By all means I hope the OP can find the proper legal avenues to stay here.

The advice given to the OP was given by a member who is well along in the Visa/AOS/Removing Conditions portion of their journey and has been in these forums for awhile now. I think they might know a thing or two when it comes to how the USCIS operates. If the OP follows the advice, that is at his/her own discretion as stated in the TOS. No-one here claims to have an esquire attached to their name. This is a forum that is maintained by peoples personal experience not a law firm. If the OP needs legal advice I will give him/her the benefit of the doubt that they are capable enough to discern lawyer from laymen.

No-one said that the USCIS will outright deny her anything. Yes she very well might be successful. But this is not easy breezy stuff.

So are you saying we should encourage the OP to keep an illegal job and remain in the US illegally? What the OP is doing is illegal(working without authorization) doesn't take a lawyer to advise someone to stop breaking a law flagrantly.

Should we tell the OP that the USCIS will turn a blind eye to her? Tell him/her "Well the USCIS probably won't care. Best of luck!" Yes there is a chance there may be complications. No-one gave a definitive answer to what the USCIS will do. Just the possibles of what could happen.

Most of the posters here are trying to genuinely give good sound advice and give the OP a heads up on the possibilities.

[Chica Yeyé 41]

Here we go again. I do not go around sharing unicorns and rainbows, so sue me. I speak the truth, and yes, I am quite blunt. Why? Because I care. And I don't want to see either sister lola or anyone be deported and/or banned. Immigration is a tough road, full of bureaucratic bullsh1t that we have to follow; even if we don't like it.

sister lola will be forgiven the overstay through marriage to a USC, that is regular procedure. However, if this "under the table" work comes to light, she will be faced with really nasty consequences; and I would hate for her to be separated from her husband because no one had the balls to tell her so. She is trying to set things straight, and I commend her for that.

[Chris_Жанна 11]

Chris, I don't see how re-posting a nasty PM I got, and highlighting the poster's bad grammar is a personal attack. Also, "Just Bob's" analogy *was* ridiculous (and horribly offensive to the original poster), and once again I don't see why it was wrong to point that out.

All I did was come on here and stand up for someone who, ultimately, was getting attacked by others when she merely asked for help. Jeriii is right - people on here are far too judgemental and critical of other's situations.

Re-posting PM's is a violation of TOS

"Post any information obtained or originally transmitted in confidence or with the implied belief that the message was to be kept in confidence without the express permission of the original author of the communication. Additionally any direct communication (with the exception of publicly viewable Posts on the discussion forums) between administrators or moderators and a member are strictly prohibited from being Posted to the discussion forums or retransmitted in any way. "

Attacking a member is a TOS

"Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users."

Listen I understand you. But you are going about the argument the wrong way. Believe me, I have gotten in my fair share of trouble here. Try to constructively defend your position instead of attack. You are entitled to your opinion just play nice.

[lola2310 0]

Good lord this is getting a bit out of hand.

I appreciate Blunt and straight up responses. I am myself a person who rather speak the truth without coating when it comes to really bad situations. I have had suggestions from several attorneys and i wanted to find a case similar to mine to feel better.

I do rather quit my job because i am finding myself really uncomfortable with the situation and i want to go through the procedure in peace of mind.

I now have my husbands support so three months without work would be like a vacation i haven't had for years (except i will be biting my nails in the comfort of my home).

As for judgmental, i have learned how to ignore the unnecessary and take in what i think is going to be for my benefit. So CHRIS i do appreciate your back up, we think alike and is good to know there are people that are capable of seeing things from all perspectives.

So lets take all a chill pill (specially me) and sit and wait. At the end is all i can do.

Forms are ready to be sent tomorrow. I have tons of proof of my life in the Us (school, tuition, bills, loans, gym memberships, alumni associations, Professional associations, etc...

They can re-construct my life based upon my pictures, meetings, and school records. (I met my husband through school, been knowing him for over 7 years and graduated together)

Now i will just get a cup of wine to cheer up every night with my hubby.

I find this forum really Great and got things to think of for the meeting.

THANKS LOTS

Edited November 5, 2009 by lola2310

[Chris_Жанна 11]

Good lord this is getting a bit out of hand.

I appreciate Blunt and straight up responses. I am myself a person who rather speak the truth without coating when it comes to really bad situations. I have had suggestions from several attorneys and i wanted to find a case similar to mine to feel better.

I do rather quit my job because i am finding myself really uncomfortable with the situation and i want to go through the procedure in peace of mind.

I now have my husbands support so three months without work would be like a vacation i haven't had for years (except i will be biting my nails in the comfort of my home).

As for judgmental, i have learned how to ignore the unnecessary and take in what i think is going to be for my benefit. So CHRIS i do appreciate your back up, we think alike and is good to know there are people that are capable of seeing things from all perspectives.

So lets take all a chill pill (specially me) and sit and wait. At the end is all i can do.

Forms are ready to be sent tomorrow. I have tons of proof of my life in the Us (school, tuition, bills, loans, gym memberships, alumni associations, Professional associations, etc...

They can re-construct my life based upon my pictures, meetings, and school records. (I met my husband through school, been knowing him for over 7 years and graduated together)

Now i will just get a cup of wine to cheer up every night with my hubby.

I find this forum really Great and got things to think of for the meeting.

THANKS LOTS

Good Luck. Hope all goes smoothly for you.

[lola2310 0]

Good lord this is getting a bit out of hand.

I appreciate Blunt and straight up responses. I am myself a person who rather speak the truth without coating when it comes to really bad situations. I have had suggestions from several attorneys and i wanted to find a case similar to mine to feel better.

I do rather quit my job because i am finding myself really uncomfortable with the situation and i want to go through the procedure in peace of mind.

I now have my husbands support so three months without work would be like a vacation i haven't had for years (except i will be biting my nails in the comfort of my home).

As for judgmental, i have learned how to ignore the unnecessary and take in what i think is going to be for my benefit. So CHRIS i do appreciate your back up, we think alike and is good to know there are people that are capable of seeing things from all perspectives.

So lets take all a chill pill (specially me) and sit and wait. At the end is all i can do.

Forms are ready to be sent tomorrow. I have tons of proof of my life in the Us (school, tuition, bills, loans, gym memberships, alumni associations, Professional associations, etc...

They can re-construct my life based upon my pictures, meetings, and school records. (I met my husband through school, been knowing him for over 7 years and graduated together)

Now i will just get a cup of wine to cheer up every night with my hubby.

I find this forum really Great and got things to think of for the meeting.

THANKS LOTS

Good Luck. Hope all goes smoothly for you.

Thanks. And Oh thanks to dirtyweebesom as well

[john_and_marlene 162]

The only real risk to adjustment here is the use of someone else's SSN.

Overstays are not simply forgiven.

Working without authorization is not simply forgiven.

Prior intent to immigrate with a nonimmigrant visa is not simply forgiven.

All three of these actions are illegal and are considered negative factors for adjudicating an adjustment petition.

The appeals court has ruled that being the immediate relative of a USC is such a positive factor that it outweighs the negative factors of overstay, prior intent, and working without authorization. However, there are a few more key words to that ruling. They are outweighed by the immediate relative relationship in the absence of other negative factors. Certainly the use of someone else's SSN is illegal and can be viewed as the presence of other negative factors and could very well tip the scale to denial if it or any other negative factor becomes an issue during adjudication.

Edited November 5, 2009 by john_and_marlene

[Azzudiin 26]

Here we go again. I do not go around sharing unicorns and rainbows, so sue me. I speak the truth, and yes, I am quite blunt. Why? Because I care. And I don't want to see either sister lola or anyone be deported and/or banned. Immigration is a tough road, full of bureaucratic bullsh1t that we have to follow; even if we don't like it.

sister lola will be forgiven the overstay through marriage to a USC, that is regular procedure. However, if this "under the table" work comes to light, she will be faced with really nasty consequences; and I would hate for her to be separated from her husband because no one had the balls to tell her so. She is trying to set things straight, and I commend her for that.

Len you are constantly saying you speak the truth as if you wrote the immigration laws. You have forgotten what this board is for, this board is not a licensed immigration attorney, and as far as we know you are not either. Anytime someone brings up a situation such as the OP has, they should be advised to seek professional help, not to take your truth as fact and make life changing decisions.

This board is a great guide for navigating the forms and processes of immigration to the USA, but it is not the USCIS, NVC or any Consulate or Attorney.

This OP needs to seek assistance from competant attorneys, not from you or anyone else on this board.

[Chris_Жанна 11]

I'm calling it! In before the lock!