DOES INFO ON 1-9 AFFECT ADJUSTMENT OF STATUS APPLICATION

[immig? 2]

Hi. I am new in this site and I thank you in advance for your input. Here's my case:

I came in the US in 2002 as a J1 visa holder. Fell out of status in 2004 (but acquired my J1 visa waiver). Married in 2006 and divorced in 2011(didn't file for adjustment). This year I remarry to a USC and we filed I-130, I-485 and I-765 all together. Got my biometrics sched for end of this month. My question is that I have been working without authorization since 2004, all through a paycheck and I had filed my taxes each year, I don't remember if I check on the 1-9 form if I was a USC or authorized to work when I got employed. Will this have a bad effect on my petition and adjustment of status? One more thing, how soon will I get an RFE(if they need one) after submitting our application?

Thank you very much!

[Harpa Timsah 13,258]

If you said you were a USC, then your Adjustment will be denied and you will be deported. No waiver. Banned for life.

[immig? 2]

If you said you were a USC, then your Adjustment will be denied and you will be deported. No waiver. Banned for life.

Will it be asked during the interview? I don't even remember what I wrote on that form. Thanks.

[kzielu 1,149]

Will it be asked during the interview? I don't even remember what I wrote on that form. Thanks.

They will very well know what you checked.

[VanessaTony 3,567]

Will it be asked during the interview? I don't even remember what I wrote on that form. Thanks.

They will know because this is one of their forms. It will come out in the background check and they'll tell you at interview.

I suggest you try and find out what you put on those I-9's (if it's the same employer then it should be pretty easy otherwise I don't know how you find them) because I know I would want to be prepared. I'm surprised you don't remember but it seems like you would have ticked USC otherwise your employers would have asked to see your work permit (which you didn't have). You should find out so that you know what you need to do... which would be prepare to leave the country.

[grrrrreat 109]

Hi. I am new in this site and I thank you in advance for your input. Here's my case:

I came in the US in 2002 as a J1 visa holder. Fell out of status in 2004 (but acquired my J1 visa waiver). Married in 2006 and divorced in 2011(didn't file for adjustment). This year I remarry to a USC and we filed I-130, I-485 and I-765 all together. Got my biometrics sched for end of this month. My question is that I have been working without authorization since 2004, all through a paycheck and I had filed my taxes each year, I don't remember if I check on the 1-9 form if I was a USC or authorized to work when I got employed. Will this have a bad effect on my petition and adjustment of status? One more thing, how soon will I get an RFE(if they need one) after submitting our application?

Thank you very much!

Sigh. Your situation is too complex for this board; consult an immigration attorney to discuss options.

[JimVaPhuong 4,863]

Hi. I am new in this site and I thank you in advance for your input. Here's my case:

I came in the US in 2002 as a J1 visa holder. Fell out of status in 2004 (but acquired my J1 visa waiver). Married in 2006 and divorced in 2011(didn't file for adjustment). This year I remarry to a USC and we filed I-130, I-485 and I-765 all together. Got my biometrics sched for end of this month. My question is that I have been working without authorization since 2004, all through a paycheck and I had filed my taxes each year, I don't remember if I check on the 1-9 form if I was a USC or authorized to work when I got employed. Will this have a bad effect on my petition and adjustment of status? One more thing, how soon will I get an RFE(if they need one) after submitting our application?

Thank you very much!

Employers are required to keep I-9 forms on file. They aren't required to submit them to the US government unless the government asks to see them. I suggest you contact those employers and find out what you wrote on the I-9 forms. If you indicated you were a US citizen then you should see if they will allow you to submit a revised I-9 form. If their records have already been reviewed by the government then you might be screwed. Claiming to be a US citizen for any purpose or benefit under the law, which includes indicating you are a US citizen on an immigration form, is an unforgivable offense. You can be deported with a lifetime bar from ever returning to the US.

You should do this regardless of whether you think those employer's I-9 records were ever reviewed. Otherwise, that false claim of citizenship could be hanging over your head for the rest of your life in the US, and it could come back to haunt you anytime.

[immig? 2]

Employers are required to keep I-9 forms on file. They aren't required to submit them to the US government unless the government asks to see them. I suggest you contact those employers and find out what you wrote on the I-9 forms. If you indicated you were a US citizen then you should see if they will allow you to submit a revised I-9 form. If their records have already been reviewed by the government then you might be screwed. Claiming to be a US citizen for any purpose or benefit under the law, which includes indicating you are a US citizen on an immigration form, is an unforgivable offense. You can be deported with a lifetime bar from ever returning to the US.

You should do this regardless of whether you think those employer's I-9 records were ever reviewed. Otherwise, that false claim of citizenship could be hanging over your head for the rest of your life in the US, and it could come back to haunt you anytime.

[immig? 2]

Hi again. I'm going crazy and spending a lot of time researching. Will it make a difference if I check the citizen/national form (the old form) not the new form? Has anyone ever experienced this?

[VanessaTony 3,567]

Hi again. I'm going crazy and spending a lot of time researching. Will it make a difference if I check the citizen/national form (the old form) not the new form? Has anyone ever experienced this?

As of April 2009 the form was revised so that the box was separated. you stand a SLIM chance if you used the old form but given it's now 2012 and you've likely been working since 2009 when the form was changed (at least given your OP) then it's likely you also selected USC on the new form.

As I said previously, you need to try and get a copy of those I-9s and see what you ticked.

**Edit - If you can't find the I-9's, or you can and find you did tick USC, you will need a lawyer.. but even then they'll probably just take your money and give you false hope.

Edited April 19, 2012 by Vanessa&Tony

[immig? 2]

been working since 2008. Does this make a difference or a slight chance? I don't think I check that box though. Thank you.

[aleful 1,905]

been working since 2008. Does this make a difference or a slight chance? I don't think I check that box though. Thank you.

how long you have been working doesn't matter, the problem is if you marked in any job that you were a USC without being one.

[JimVaPhuong 4,863]

If there is an I-9 form in any employer's files anywhere in the United States that contains your name, signature, and check mark indicating you're a US citizen, then it's a time bomb waiting to blow up in your face. This is not a minor oversight that you can hope will go away. If one of your employers is ever audited by ICE then they will check the background of every I-9 in their files, including the one you filled out. This could happen years from now. If and when it does you could be deported and banned for life. Any immigration benefit you'd ever received - even US citizenship - would be revoked.

You need to track down those I-9's and see what you wrote on them.