Lied on form G325a

[Timon 26]

My advice is go to the interview and give the officer a new form, and be prepared to answer about your previous work. but, be confident , this is forgiven by law, is not the IO choice: if you are satisfying the conditions for AOS- marriage all your overstay and work issue will be forgiven. Plus, try to check with IRS if you owe them any money, which I don't think so

Thanks i will do that. I know i definitely don't owe the IRS. I payed it at the end of the tax year. Thanks for your advise

[Cesar & Cata 35]

I understand that. And i will take responsibilty for my action if and when that time comes. Thank you

Why did you submit tax forms in the first place? Aren't you the beneficiary?

I wish you the best, i would probably check to see ir you owe anything to the IRS, but hopefully this can be brushed away as a misunderstanding and not intentional misrepresentation.

Edited August 16, 2012 by Cesar & Cata

[isa30 4]

So they don't have any way to really look you up unless they're intent on tracking you down by name.

What could happen is that they will look at how long you've been here and say "are you sure you never worked?" That's the time to tell them "yes, actually I did work in 2010 (or whatever.)"

Don't panic, what's done is done. Your story serves as a lesson for anyone else, so thank you for sharing it. This process is stressful enough without these added concerns.

Now, it's time to hope for the best, cross your fingers, pray (if that's your thing) and wait it out.

Edit: I just read Harp's reply above - and I like it. Have a new form ready to go.

Strongly agree... Stay positive... and best of luck... :innocent:

[Sandra G. 5,079]

USCIS to have access to the tax information should have a court order.Section 6103(a) imposed a confidentiality requirement upon federal tax return information. IRS just disclosure informations as specified by the Internal Revenue Service Section 6103

http://www.irs.gov/govt/fslg/article/0,,id=158487,00.html

USCIS asks the sponsor's tax returns because they can NOT get the information from the IRS, otherwise why ask for it?LOL.

Section 6103© – Disclosures to taxpayer’s designees (consent);

• Section 6103(d) – Disclosures to state tax officials;

• Section 6103(e) – Disclosures to the taxpayer and persons having a material interest;

• Section 6103(f) – Disclosures to committees of Congress;

• Section 6103(g) – Disclosures to the President and White House;

• Section 6103(h) – Disclosures to Federal employees for tax administration purposes;

• Section 6103(i) – Disclosures to Federal employees for nontax criminal law

enforcement purposes and to the General Accounting Office;

• Section 6103(j) – Disclosures for statistical purposes;

• Section 6103(k) – Disclosures for certain miscellaneous tax administration purposes;

• Section 6103(l) – Disclosures for purposes other than tax administration;

• Section 6103(m) – Disclosures of taxpayer identity information;

• Section 6103(n) – Disclosures to contractors for tax administration purposes;

• Section 6103(o) – Disclosures with respect to wagering excise taxes.

In your interview limit to answer what he will ask you ,and of course tell the truth IF he asks about work history.Good luck

Edited August 16, 2012 by sandranj

[jflores 2]

Good luck with your case, I know the USCIS are tough but don't give up.

[missphilly 1]

Hi all,

Im new to VJ and i''m not sure that I'm even posting inthe right forum. But i have a dilemma and i would really like some help. I over stayed in the US and recently submitted my AOS package. While i have been here i worked the first year and filed taxes(with ITIN) as self-employed. Then i stopped working. Last August i worked with a family for about 5 months and didn't file taxes but when they did their taxes they declared payments for child care with my name and ITIN number listed on there 1040. My problem is when i filed my application on my form G 325a on the part where is says to list your last 5 employers i didn't disclose my work history. Is that going to be a problem. Will USCIS be able to see my employment history when they do the background check? Does the USCIS have access to IRS information in their background check

My question is... Do you have permit to work in the united states before you file your AOS? How can you work legally if you don't have AOS yet?

[madtownguy 164]

Do you know how your employer filed? They're not really an employer per say just somebody you worked for. Did you receive a tax form from them in the mail? Working here illegally is no big deal. I would not be too worried about it. You could submit the new form, I highly doubt they are going to be checking with the IRS. Everyone has different experiences with USCIS, my experiences in the past is that they are very lax and just trying to keep everyone legit. You are already here, they're not going to deport you unless you have a major criminal record.

[Justine+David 218]

She is not gonna lose her citizenship if she got it for such a reason, please you don't need to over react when you are not familiar with the immigration law. I advice you to go over the cases which the Federal judge dropped the citizenship.

Second, revocation is available if the person procured naturalization "by concealment of a material fact or by willful misrepresentation." INA § 340(a), 8 U.S.C. § 1451 (a). (3) Denaturalization on this basis "plainly contains four independent requirements: the naturalized citizen must have misrepresented or concealed some fact, the misrepresentation or concealment must have been willful, the fact must have been material, and the naturalized citizen must have procured citizenship as a result of the misrepresentation or concealment." Kungys v. United States, 485 U.S. 759, 767 (1988).

source: http://www.justice.gov/olc/ina340.htm

Perhaps the nuances are different and if so, I apologize. But I thought I've read that in any case where the beneficiary willfully lies to USCIS (ignorance not being an excuse) and found out, they are banned from the US.

[asdfg 18]

Hi all,

Im new to VJ and i''m not sure that I'm even posting inthe right forum. But i have a dilemma and i would really like some help. I over stayed in the US and recently submitted my AOS package. While i have been here i worked the first year and filed taxes(with ITIN) as self-employed. Then i stopped working. Last August i worked with a family for about 5 months and didn't file taxes but when they did their taxes they declared payments for child care with my name and ITIN number listed on there 1040. My problem is when i filed my application on my form G 325a on the part where is says to list your last 5 employers i didn't disclose my work history. Is that going to be a problem. Will USCIS be able to see my employment history when they do the background check? Does the USCIS have access to IRS information in their background check

The G-325 asks for employment in the last 5 years, not the last 5 employers.

If there were more than 5 in the last 5 years you would have to disclose it in a separate paper.

If you had 50 jobs 20 years ago and had none in the past 5 years you would have to leave it blank.

Aside from that, if you were employed in 5 years preceding the time of filling the form G-325 you must disclose it.

Whether you worked legally or illegally doesn't matter, you just have to put it there.

When you apply for benefits you give USCIS authorization to conduct full investigation to make sure you are eligible for benefit asked, so all the non-disclosure statutes of IRS are irrelevant , because YOU gave a consent to USCIS to check any records relevant to your asking for a benefit.

Edited August 16, 2012 by asdfg

[Timon 26]

I don't think this misrepresentation is material, because illegal employment is forgiven for spouses of USCs. This illegal work will NOT decide the difference between denial and approval. Why on earth a lawyer advised to lie when telling the truth would have zero negative effect is beyond me...

If I were you, I would complete a new G-325A and have it ready to present at interview. You can say "I made an error on my form and wanted to hand in a new one" and see what happens.

Yea the lawyer was wrong had he not known exactly how to respond he should've just said it. But i don't blame hin too much, i should've know better so i take responsibility for my error. In my gut i knew it didn't sound right but i went ahead on his word. But thanks so much for the advise. I'll definitely take your advise with me to the interview.

[Timon 26]

Why did you submit tax forms in the first place? Aren't you the beneficiary?

I wish you the best, i would probably check to see ir you owe anything to the IRS, but hopefully this can be brushed away as a misunderstanding and not intentional misrepresentation.

I didn't submit tax form with my petition no and yes i am the beneficiary. I don't owe the IRS anything, i have always paid taxes. I do hope so. Thanks a lot

[Timon 26]

The G-325 asks for employment in the last 5 years, not the last 5 employers.

If there were more than 5 in the last 5 years you would have to disclose it in a separate paper.

If you had 50 jobs 20 years ago and had none in the past 5 years you would have to leave it blank.

Aside from that, if you were employed in 5 years preceding the time of filling the form G-325 you must disclose it.

Whether you worked legally or illegally doesn't matter, you just have to put it there.

When you apply for benefits you give USCIS authorization to conduct full investigation to make sure you are eligible for benefit asked, so all the non-disclosure statutes of IRS are irrelevant , because YOU gave a consent to USCIS to check any records relevant to your asking for a benefit.

Thank you

[Timon 26]

Do you know how your employer filed? They're not really an employer per say just somebody you worked for. Did you receive a tax form from them in the mail? Working here illegally is no big deal. I would not be too worried about it. You could submit the new form, I highly doubt they are going to be checking with the IRS. Everyone has different experiences with USCIS, my experiences in the past is that they are very lax and just trying to keep everyone legit. You are already here, they're not going to deport you unless you have a major criminal record.

I am not to well versed in the whole tax preparing/filing situation. But they claimed that they'd sent me a 1099 or something like that which i never received by the way. I'm worried not so much about the illegal employment and much as i'm worried about how the lack of disclosure would affect my case. I have no criminal record. I hope that it all goes smoothly. Thanks

My question is... Do you have permit to work in the united states before you file your AOS? How can you work legally if you don't have AOS yet?

No i have no permit to work in the US. I wasn't working legally

Good luck with your case, I know the USCIS are tough but don't give up.

Thanks. I won't just trying to keep my head up right now.

Strongly agree... Stay positive... and best of luck... :innocent:

Thanks

[madtownguy 164]

Don't worry about it, if they ask tell them. If they don't ask don't tell them. Someone I know made up a social security number and they didn't even ask about it. It really depends who you get, if they're having a good or bad day. But always tell the truth!

[Timon 26]

Don't worry about it, if they ask tell them. If they don't ask don't tell them. Someone I know made up a social security number and they didn't even ask about it. It really depends who you get, if they're having a good or bad day. But always tell the truth!

thanks. I will. I'm just a lil anxious is all. I haven't received the hard copies of my NOA so my head is also reeling