need an advise..my mom is out of status!!!!!

[sofaraway 2]

hello every one, me and mom just had a talked earlier,shes working in the US for 2 years now and she claimed to me that she is already out of status , I am in k1 visa petition right now and just waiting for my packet 3 to be send to me...i don't know what to do right now i am really having headache on what to do..does this affect our application? do i need to write on the form that she's in the US working illegally?but she has SS number, drivers licence and shes paying state tax and federal tax every month!! total tax been deducted in her salary monthly is 1000 usd! 400 for federal and 600 for her state tax including medical etc... please help me....she is very sorry and i do understand her, its just that i am really worried with what will be the outcome of this with our application...really need advise right now!!! help please..

[Brother Hesekiel 2,236]

In order to give you meaningful advice, we need to know this:

1) With what visa did your mom enter the US?

2) How did she get her Social Security card and driver's license?

3) What do you want to know?

[Harsh_77 718]

On top of it, on one of your application form I believe it also required to put in who all of your immediate relatives are in US and what status they are on.

What did you put in there.

[JeroenAndMichelle 28]

I know it's a bit offtopic but I am totally amazed she is still paying tax in her situation :S

[sofaraway 2]

sorry guys i was so busy at work this past few weeks..any way, it is really a long long story, she entered US with H2b Visa, that is why she got an SSN etc...she didn't tell us her situation when she just got in the US, she has a valid visa but without a work..the work that they were expecting is not existing..she told me they were assigned in different kinds of work just to make money and pay their debt at home (the money they payed in the agency is really a big amount thats why they need to find a work no matter what happen)..in short they were a victim of HUMAN Trafficking!! they decided to look for a job on their own, but before they find a good job their visa expires..what they did is they file an affidavit/complaints in court(in US) against that agency owner..they're still waiting for the result right now..and luckily my mom found a good job now and still paying her taxes every month...i was crying so hard when i heard her story month ago..she kept it herself for us not to get worried....i love her so much but my problem now is i dont know what to fill in my papers..those questions that needed to put in my moms address etc..should i tick the boxes that my mom is in US working right now or just tick the NO boxes..is there a chance that the consul will ask about my moms address right now...i am so worried that i dont know what to do...my heart is breaking so much with my situation im having right now..please help me.

[Brother Hesekiel 2,236]

Well, your mom is in the US with an H2B. You should disclose this, absolutely.

What I'm not sure about right now is the human trafficking thing. That's something JimVaPhuong should be able to answer easily as that's right up his alley. I would assume that your mom can get Temporary Protected Status (TPS) because of it, and if she helps Uncle Sam to get the bad guys, perhaps even a Green Card.

But that's nothing that belongs in your K-1 file. I'd say answer what I outlined above: yes, your mom is in the US for 2 years now on an H2B. That's where I would stop talking without being specifically asked about it.

Paging Jim.

[LIFE'SJOURNEY 970]

Bob, the mother could have left the US on an H2b visa and returned when they found another company to sponsor her. If the job didn't exist on the original h2b, then the original company could have lent the employees over to another company whom would have extended their h2b visa. If the h2b visa has expired, then the mother is out of status, and there would be no reason for the mother to stay to wait on a court case.

It is the responsibility of the employer to extend a h2b visa, not the employee. H2b are generally given for seasonal work.

Edited May 8, 2011 by LIFE'SJOURNEY

[juliava 80]

It's highly unlikely for USCIS to look for the OP's mom. Nonetheless, the OP has to fill out the form correctly and truthfully, including the mom's full name, address and the visa she had entered US with.

However, if the mom talks to the Feds in regards to that court case, she will have to disclose her current immigration status. The best thing she might pull out of the whole thing is a Deferred Action Status and a temporary work permit- it really depends how "big" this case is. Once the trial is over and the work permit expires-she will have to return to her home country.

My 2 cents.

[LIFE'SJOURNEY 970]

How is the Mother working with a SS card that says "only valid with authorization". The company that the mother is working for, will be in deep trouble if they are every audited. The same goes for the DL, it would have only been valid up until the date the visa expires. Everyone pays taxes, since taxes are taken out by the employer.

[JimVaPhuong 4,863]

sorry guys i was so busy at work this past few weeks..any way, it is really a long long story, she entered US with H2b Visa, that is why she got an SSN etc...she didn't tell us her situation when she just got in the US, she has a valid visa but without a work..the work that they were expecting is not existing..she told me they were assigned in different kinds of work just to make money and pay their debt at home (the money they payed in the agency is really a big amount thats why they need to find a work no matter what happen)..in short they were a victim of HUMAN Trafficking!! they decided to look for a job on their own, but before they find a good job their visa expires..what they did is they file an affidavit/complaints in court(in US) against that agency owner..they're still waiting for the result right now..and luckily my mom found a good job now and still paying her taxes every month...i was crying so hard when i heard her story month ago..she kept it herself for us not to get worried....i love her so much but my problem now is i dont know what to fill in my papers..those questions that needed to put in my moms address etc..should i tick the boxes that my mom is in US working right now or just tick the NO boxes..is there a chance that the consul will ask about my moms address right now...i am so worried that i dont know what to do...my heart is breaking so much with my situation im having right now..please help me.

Your situation is easy - you tell the truth - always. Do not lie on any document you submit. If you're concerned about the effect it will have on your mother's situation then don't apply for a visa. It's really that simple. If you lie and you're caught then you could be banned from ever coming to the US. If you're caught after you immigrate then they could revoke your immigration status, even if you've become a US citizen. The potential consequences of any lie will hang over your head for the rest of your life. Just don't do it.

As far as your mother's situation, we need more details. Did this agency intentionally lead her to believe she would be working at a specific job after she came to the US, and then switched jobs on her after she arrived? It sounds like you're saying that she arrived and then they told her she'd basically be working just to pay off the agency that brought her here. If that's the case then that may indeed qualify as human trafficking. Give us as much detail about this as you can.