Afraid a dire mistake has been made..please help!

[mikelovesgracey 0]

If someone worked by mistake thinking they didn't need an EAD in hand and the employer filed 1099 before they received the EAD can they get their green card revoked if this information comes to light at say the final interview? It's tax time and this person thought they were off the books and nothing was being reported. Thanks so much!

[belinda63 3,038]

Obviously from your statement they didn't make a "mistake" by working prior to receiving employment authorization, they knew they were not authorized to work since they were "working off the books" or so they thought.

As to the consequences? Depends if USCIS finds out and what they choose to do about it. I see from your timeline that your wife has been in country about one year yet you have not filed/completed the AOS process? Did she report her "under the table" work on the AOS application?

I don't mean to judge anyone, and you are not the only one who has done something like this, but after all the time and money spent to get the person here why do people knowingly do illegal things that may result in denial of the green card or deportation?

[john_and_marlene 162]

Are they the immediate relative of a USC? If so, they will not be denied adjustment for unauthorized work.

[mikelovesgracey 0]

Are they the immediate relative of a USC? If so, they will not be denied adjustment for unauthorized work.

Thanks for the rush to judgement....I guess none of you have had to do something you really didn't wanna do due to a finiancial crisis huh. I have helped hundereds of people on VJ so if there is someone kind out there with an open mind who has info regarding this subject I would greatly appreciate a lil help also!

[john_and_marlene 162]

Thanks for the rush to judgement....I guess none of you have had to do something you really didn't wanna do due to a finiancial crisis huh. I have helped hundereds of people on VJ so if there is someone kind out there with an open mind who has info regarding this subject I would greatly appreciate a lil help also!

There was no judgement in my post.

[mikelovesgracey 0]

There was no judgement in my post.

Um no John there is no relative at USC.

[Bobby+Umit 161]

Thanks for the rush to judgement....I guess none of you have had to do something you really didn't wanna do due to a finiancial crisis huh. I have helped hundereds of people on VJ so if there is someone kind out there with an open mind who has info regarding this subject I would greatly appreciate a lil help also!

Perhaps you should slow down and read what John actually wrote?

Um no John there is no relative at USC.

He was asking if the person is a relative of a US citizen. (not the university of California)

Edited January 13, 2010 by Bobby+Umit

[mikelovesgracey 0]

Perhaps you should slow down and read what John actually wrote?

He was asking if the person is a relative of a US citizen. (not the university of California)

My appologies John I miss read what you typed and I really on edge right now.

[Bobby+Umit 161]

So is this person a relative of an USC?

[mikelovesgracey 0]

So is this person a relative of an USC?

Yes they are John and thanks so much for your help. I greatly appreciate any info you can provide.

Edited January 13, 2010 by mikelovesgracey

[john_and_marlene 162]

Yes there are John and thanks so much for your help. I greatly appreciate any info you can provide.

Just get it submitted right away and be honest with all your answers. As the immediate relative of a USC, they are fairly well protected by statute and by case law.

Any out of status time cannot be a cause for denial.

Work without authorization cannot be a cause for denial.

Apply for EAD with the AOS. Not having adequate income is a cause for denial. However, you can combine your joint income to meet the requirement.

Edited January 13, 2010 by john_and_marlene

[Bobby+Umit 161]

Read this

(One example - there is a case precident with the USCIS regarding this - which I don't have the link right now)

Since they are an immediate relative of an USC, it will be "forgiven".

So you can stop worrrying.

(BTW - I know all this from John - he pointed it out to me long time ago....)

[mikelovesgracey 0]

Just get it submitted right away and be honest with all your answers. As the immediate relative of a USC, they are fairly well protected by statute and by case law.

Any out of status time cannot be a cause for denial.

Work without authorization cannot be a cause for denial.

Apply for EAD with the AOS. Not having adequate income is a cause for denial. However, you can combine your joint income to meet the requirement.

I need to clairify something. We filed AOS and have received the green card. It's the lifting of conditions that I'm concerned about when we are interviewed next year. I'm sure they will review tax records right?

Maybe I need to update our timeline I been away for awhile.

Thanks Bobby

Edited January 13, 2010 by mikelovesgracey

[Calypso 464]

How come nobody has moved this thread yet to its proper place?

FAE

[john_and_marlene 162]

I need to clairify something. We filed AOS and have received the green card. It's the lifting of conditions that I'm concerned about when we are interviewed next year. I'm sure they will review tax records right?

Maybe I need to update our timeline I been away for awhile.

Thanks Bobby

Tax records are not required for lifting conditions. They are, however, normally used to show bonafides of the marriage if you filed a joint return.

If you are a permanent resident and got a 1099, then you did not work without authorization--you worked as an independent contractor and you will owe some money to social security in addition to federal tax when you file your federal return.