AOS interview - under investigation

[JimVaPhuong 4,863]

I forgot to mention she kept asking me if the company asked for any documents and I said only DL and SSN. They didn't ask me for anything else. It seemed like she didn't believe me. She asked me the same question 3-4 times then finally conluded with "further investigation". 

Armchair investigator, here...

Sounds like one of two possibilities.

A. They think you used fraudulent documents or lied in order to obtain work. If this were true then you'd be in hot water.

B. They think your employer KNEW you weren't eligible to work, but allowed you to work anyway. If this were true then you employer would be in hot water.

Yes, they do often conduct an investigation. It's possible they may have called your employer and gotten one story from them, and a different story from you. Did your employer ask if you were authorized to work? Did they ask if you were an LPR or US citizen? If so, what did you say?

[MarieandRob 0]

They didn't ask if I was authorized to work. They asked for two identifications and I gave it to them. I know if they find out that you "lied", its unforgivable. If that's the outcome, does that mean we can't appeal it?

[Brother Hesekiel 2,235]

My girlfriend and I got a Florida Driver License as a tourist with a B2 in 1986, just because we thought that was the coolest thing to have, and when I transferred that into a California Driver License early in 1991 they send me to the SSA to get a SSN.

The SSA folks just asked me why I would want a SSN and I truthfully told them that the DMV sent me to get one for their records as it's now required. Piece of cake. My brother got one in 1994 for the same reason.

Thus, if you worked with your own SSN and income taxes were deducted, nothing bad will happen to you. You just happen to get an I.O. assigned to your case who's not very knowledgeable about her job, pretty much like the majority of Americans. She may assume you used a fake SSN or a USC's SSN; in the latter case this could be constructed as a case of misrepresentation as a USC, which is a sure-fire deal breaker for AOS and immigration in general.

Yet, since that's not the case, I am 100% confident that you having worked will not have any adverse effects on your AOS petition, other than the inconvenient delay. I love this country more than any other country in the World, but one of the things I had to come to terms with -- and I'm struggling with it almost on a daily basis -- is the screaming incompetence about everywhere.

[Boiler 44,260]

Could people legally get a SSN as a non immigrant - yes

Would that authorise them to work - no

[juliava 80]

They didn't ask if I was authorized to work. They asked for two identifications and I gave it to them. I know if they find out that you "lied", its unforgivable. If that's the outcome, does that mean we can't appeal it?

The form I was telling you about is called G-325A and it's a form that is filled out by both you and US citizen. Please ask your lawyer if he/she filled that form properly by listing your last work place. I hope he did. If he did it, then there is nothing to worry about!

[JimVaPhuong 4,863]

They didn't ask if I was authorized to work. They asked for two identifications and I gave it to them. I know if they find out that you "lied", its unforgivable. If that's the outcome, does that mean we can't appeal it?

Lying to an immigration officer may be unforgivable. It depends on what the lie was about. If you lie about your weight, dress size, natural color of your hair, or whether 'they' are real or surgically enhanced, it won't affect you. If you lie about something which is important for determining your eligibility for a benefit, then it would seriously affect you.

Lying to an employer can get you fired, but it usually won't have an affect on your eligibility for an immigration benefit. The exception would be if you lied on any form or document which is going to be submitted to the US government. For example, if you filled out part 1 of an I-9 form and checked the box claiming you were a US citizen then you would be in serious hot water. The same would be true if your employer filled out part 1 on your behalf, checking the US citizen box, and you signed it. The I-9 is used by employers to verify that an employee is eligible to work in the US. Falsely claiming to be a US citizen is an automatic lifetime ban from the US, and no waiver is possible.

I doubt an immigration officer would be conducting interviews on their own and still be inept enough not to know that working without authorization does not disqualify an immediate relative of a US citizen. This is a scenario I'm sure they see on an almost daily basis. I'm pretty sure there's more going on here. I think they have some information that conflicts with what you've told them.

[MarieandRob 0]

Lying to an immigration officer may be unforgivable. It depends on what the lie was about. If you lie about your weight, dress size, natural color of your hair, or whether 'they' are real or surgically enhanced, it won't affect you. If you lie about something which is important for determining your eligibility for a benefit, then it would seriously affect you.

Lying to an employer can get you fired, but it usually won't have an affect on your eligibility for an immigration benefit. The exception would be if you lied on any form or document which is going to be submitted to the US government. For example, if you filled out part 1 of an I-9 form and checked the box claiming you were a US citizen then you would be in serious hot water. The same would be true if your employer filled out part 1 on your behalf, checking the US citizen box, and you signed it. The I-9 is used by employers to verify that an employee is eligible to work in the US. Falsely claiming to be a US citizen is an automatic lifetime ban from the US, and no waiver is possible.

I doubt an immigration officer would be conducting interviews on their own and still be inept enough not to know that working without authorization does not disqualify an immediate relative of a US citizen. This is a scenario I'm sure they see on an almost daily basis. I'm pretty sure there's more going on here. I think they have some information that conflicts with what you've told them.

Now I feel even more hopeless

[Deputy Purple 1,294]

You might want to get your hands on your personnel file and see if there's an I-9 that reports you as being a USC...

[Serenaty 0]

To the OP what ended up happening. Have you received any updates on your Green Card. Were you approved? I hope all turned out fine!