Ready to send Applications but really worried.

[JERIII 8]

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.

Do you happen to have a reference to the ruling in question? I'd be interested in reading it. My understanding is that the ruling applied to specifically to intent, which is not discussed in the text of the INA. The other two factors are listed in the INA as bars to adjustment, but those bars are, by the statute, not applied to immediate relatives. But I could be misremembering.

[LaL 418]

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.

in total agreement. this is what has been shown through anecdotal evidence on VJ for years.

[The_Dude 1,142]

Just love the selective moderating here. Len's posts get deleted yet a clear TOS goes unnoticed (re-posting someones PM).

To the OP, It seems you are in a Catch 22 scenario. I would however agree that you need to stop working as that is clearly illegal.

[Kathryn41 3,205]

thread closed for review

After review additional posts that are argumentative and violate TOS have been removed and the thread re-opened. Several border-line posts have been retained because they also include useful information but their bickering nature is not appropriate.

Posting the contents of a private PM is a violation of TOS. If anyone receives insulting PMs from another member please forward the PM to the Moderation Team and request their attention to the matter rather than posting the PM in the public forums. Insulting members via PMs is also a violation of TOS.

Please confine your discussion to the issues involved and do not use this thread as a forum to discuss disagreements you have with other members. As the OP has received useful information unless you have something relevant to her situation - and not speculative or general or personal opinion - to add, perhaps it would be better not to post.

Edited November 5, 2009 by Kathryn41

[The_Dude 1,142]

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.

Seeing as none of us are immigration attorneys, would anything we post in any of these forums be anecdotal, speculative or opinion kathryn? It's kind of hard to post under those parameters, but i'll try my best.

Will you be resigning or taking a leave of absence? Will your company re-hire you after you tell them why you are resigning? I asked my HR department where I work and was told unequivocally that they would not re-hire someone in that scenario, and that if called by someone in the future regarding work history would detail the ending of employment. But then again, I work in law enforcement. I'm not trying to be negative, just letting you know that some employers might be quite cold-hearted about it. None the less, I am glad that you will be taking the correct path. Good luck and godspeed.

[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.

Seeing as none of us are immigration attorneys, would anything we post in any of these forums be anecdotal, speculative or opinion kathryn? It's kind of hard to post under those parameters, but i'll try my best.

Will you be resigning or taking a leave of absence? Will your company re-hire you after you tell them why you are resigning? I asked my HR department where I work and was told unequivocally that they would not re-hire someone in that scenario, and that if called by someone in the future regarding work history would detail the ending of employment. But then again, I work in law enforcement. I'm not trying to be negative, just letting you know that some employers might be quite cold-hearted about it. None the less, I am glad that you will be taking the correct path. Good luck and godspeed.

Gosh this is all so difficult. Office was so hectic i could not call for a meeting. Will do tomorrow i suppose. I will be as truthful as i can be. I will resign and will tell them that i need to resolve my issue and if my services will be needed within an estimated period of time then it would be great but i don't want to put the company at risk.

The company where i work is a small company practically new when i stepped foot in it and we have been making it happen and it is been growing little by little so my absence is going to be quite noticeable. I know bigger companies are less attached to their employees, but smaller ones tend to be a bit more protective for the lack of a better word with those members who have been there from its beginning. We know how it is run and the in and outs of our current clients. Will keep updating on my case.

I feel like i'm the first person in the world going through this issue.. Nerve raking .

[cptrosco 0]

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.

Where you said "Bills and financial stress happen to everyone, yet most folks do not break the law to make ends meet". It is not judgemental to that person, its a statement. I dont think you would brake the law just to get what you want, would you???

[trillium13 84]

It's been a few days since the OP has come back. Wonder if she did resign after all?