Working without work permit - should we put this in the G-325A?

[beng_and_carl 0]

Hello VJ Family! I am helping my cousin to file for his AOS. I would like to know if it is necessary to declare on his in G-325A Form that he worked in the US without any work permit for the past years.

He entered here thru a tourist visa and never gotten back home. But he was able to get an SSN since there was a family petition on him before but he over-aged it. And then, when he was working here, he was filed for taxes as well.

So, should we list his employment history here in the US for the past 5 years although he did not have a working permit? Does putting this or not in his G-325A form make a great impact?

Hope to hear from you guys soon.

Thanks a lot!

~beng

[Minya's wife 25]

If your cousin did not have a valid employment authorization, he was not allowed to work here. Having a social security # and paying taxes does not mitigate the fact that he was employed without authorization. You say he has overstayed his tourist visa...under what eligibility is he adjusting status now?

[Otto 83]

I always suggest a person complete the forms openly and honestly - if he does not put where he was/is working then he is (in my opinion) misrepresenting his information.

Edited March 15, 2010 by Otto und Karin

[beng_and_carl 0]

If your cousin did not have a valid employment authorization, he was not allowed to work here. Having a social security # and paying taxes does not mitigate the fact that he was employed without authorization. You say he has overstayed his tourist visa...under what eligibility is he adjusting status now?

Hello! He is adjusting status as spouse of a US Citizen. Their relationship is genuine.

I always suggest a person complete the forms openly and honestly - if he does not put where he was/is working then he is (in my opinion) misrepresenting his information.

Yes! We are thinking of this factor too. Thanks!

[Brother Hesekiel 2,236]

I really like questions that are easy to answer.

When filing for AOS, the couple has to submit the past 3 years worth of tax returns. My wife and I had to do that as well. As we both had worked before, to cover the first two years we submitted separate tax returns (that's four) and for the last year we had filed jointly as a married couple and submitted a joint tax return.

Since your cousin is now married to a US citizen and has worked in the US for the past 3 years (or longer), he submits his tax returns like any other resident. The tax liability has nothing to do with immigration. Let me repeat that: the tax liability has nothing to do with immigration. You can be a hooker or drug dealer and be illegal in the country, you still have to give Uncle Sam his cut of the deal. In fact, paying income tax is among the most important issues for anybody wanting to become legal in the US.

Any work without authorization, having used his own SSN, is forgiven, as much as any overstay is forgiven, as long as the applicant has entered the country with inspection, in your cousin's case as a B2 visa holder.

During the AOS interview, neither the overstay nor the work history will become an issue. Most likely, it will not even be mentioned. What the I.O. at the AOS interview is concerned with is that the marriage is legit, that the applicant doesn't have a criminal history, and that he has paid his taxes.

[zicomania 1]

Hello VJ Family! I am helping my cousin to file for his AOS. I would like to know if it is necessary to declare on his in G-325A Form that he worked in the US without any work permit for the past years.

He entered here thru a tourist visa and never gotten back home. But he was able to get an SSN since there was a family petition on him before but he over-aged it. And then, when he was working here, he was filed for taxes as well.

So, should we list his employment history here in the US for the past 5 years although he did not have a working permit? Does putting this or not in his G-325A form make a great impact?

Hope to hear from you guys soon.

Thanks a lot!

~beng

yes you want to be honest when filling the form, if your cousin work illegally under the immigration act he would be forgiving.

[beng_and_carl 0]

Thanks a lot guys for your replies. These are very helpful!

And I love the new style of VJ!

[besaangel 18]

Thanks a lot guys for your replies. These are very helpful!

And I love the new style of VJ!

I had the same question- I have done for friends (who paid me little of bought me lunch) and have been in a shop on a few occassions when my fees for school were not paid on time by parents to cover the costs as soon as possible. How do I put this on the G-325?

[BMW4me 12]

I am a bit on the same side

what happened to your cousin?

did you put it on that form G-325 ? any issues so far?