I-130 to I-485 to I-601

[famoffour 0]

I have been in proceeding for years now and I only recently was scheduled and attended an interview with my USC wife. My nightmare started years ago when I was charged with working illegally while under an F-1 visa. I was charged with claiming citizenship (checking the citizen/national) box on the I-9 but that charge was not upheld by the court. My question is, will this still affect my I-485 and getting a waiver for working illegally even though it was not upheld in the court?

[pushbrk 12,898]

I have been in proceeding for years now and I only recently was scheduled and attended an interview with my USC wife. My nightmare started years ago when I was charged with working illegally while under an F-1 visa. I was charged with claiming citizenship (checking the citizen/national) box on the I-9 but that charge was not upheld by the court. My question is, will this still affect my I-485 and getting a waiver for working illegally even though it was not upheld in the court?

Potentially, yes. Time for a qualified immigration lawyer's advise. This is not a do it yourself case.

[Brother Hesekiel 2,236]

I have been in proceeding for years now and I only recently was scheduled and attended an interview with my USC wife. My nightmare started years ago when I was charged with working illegally while under an F-1 visa. I was charged with claiming citizenship (checking the citizen/national) box on the I-9 but that charge was not upheld by the court. My question is, will this still affect my I-485 and getting a waiver for working illegally even though it was not upheld in the court?

"False claim of [uS] citizenship" is the worst non-violent crime a foreigner can commit and doing this on an I-9 is now a suicide mission.

What saved your skin was that in the early days there was one field for "U.S. citizen or national." That has now been changed to "U.S. citizen" and "Non-citizen national" for the reason that saved you: the felony is to claim being a U.S. citizen, which is now implied, but they simply forgot to include the U.S. national in this. This has been argued in court and that's why they changed the I-9 form consequently.

You may want to read this.

So, and remember this for the AoS interview . . . you never claimed to be a U.S. citizen when marking the box "U.S. citizen/national." You claimed to be a non-citizen U.S. national, which is utterly ridiculous, unless you are a black dude from American Samoa, but it is your only and only viable defense when asked by the I.O.

The second issue related to this may come from Uncle Sam. Did you file an income tax return for the time you worked in the U.S. If you did not, now's the time to do this. It doesn't matter how much or how little you made, but if you had an income, you needed to report this, because tax evasion is also a felony that can kill your American dream.

These are the only two issues I can think of that potentially will make you break a sweat. Be prepared to answer to both questions properly, in the first case as I outlined, in the second case by presenting an income tax return for the time you worked. It's not a crime to file late; the only crime is not to file at all.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; topic is not a spousal visa topic.