Work on SSN without EAD, filing AOS

[lloydsally 0]

Hi,

Im really worry about this since I recently found out what I did something wrong in the past after joining this forum. Im an F1 student and had the SSN. I worked back in 2012 for 6 months which I believed legally with an SSN, but now I realized it is illegal without an EAD. I did file a tax for 2012 with my SSN too, so I dont know is this going to affect my AOS.

In the G325A Form, I will put the illegal 2012 employment there, but I dont know how to explain to them.

I really need some advices.

Thanks

[aussie_jason 195]

Were you employed off campus? If so you are just going to have to come clean and I would recommend having an immigration attorney handle your AOS.

[ManCharsey 254]

If you are adjusting status as an immediate family of a US citizen (spouse), illegal employments and/or overstays are forgiven. List it there and don't worry about it. If it will come up, it will in an interview and you can just explain it there. It won't be an issue

[aussie_jason 195]

If you are adjusting status as an immediate family of a US citizen (spouse), illegal employments and/or overstays are forgiven. List it there and don't worry about it. If it will come up, it will in an interview and you can just explain it there. It won't be an issue

Really? Wow... I knew about the over stays but illegal employment as well? Here I am about to have to go on leave without pay until I get my EAD yet the USCIS will happily forgive illegal employment. SMH...

[ManCharsey 254]

I know right..but here's some evidence from a law forum and all the answers given by the attorneys were to that effect.

http://www.lawqa.com/qa/is-illegal-work-and-unauthorized-stay-forgiven-if-us-citizen-applies-for-their-spouse-in-us

It is also in the USCIS operations manual. If I find the link, I will update this post

[lloydsally 0]

Wow, thank you all for the replies. It s a relief. So should I include the 2012 tax return on the G325 form?

[ManCharsey 254]

It depends on what basis you are filing for adjustment of status. If you are filing because you are the immediate relative of a US citizen, your spouse would be the petitioner and they would have to use their income tax returns to file for you on the I-864 and/or joint sponsors tax returns if your partner does not meet the requirements. In this case, your tax filings won't matter. Please explain on what basis you are filing for adjustment of status

[lloydsally 0]

It depends on what basis you are filing for adjustment of status. If you are filing because you are the immediate relative of a US citizen, your spouse would be the petitioner and they would have to use their income tax returns to file for you on the I-864 and/or joint sponsors tax returns if your partner does not meet the requirements. In this case, your tax filings won't matter. Please explain on what basis you are filing for adjustment of status

Im not quite sure what are you asking. Do you mean my current situation or something else on the I864 form?

[ManCharsey 254]

No. You are asking if you should include your income tax filings in the I-864 form but that depends on what basis you are filing for the AOS and the type of visa you are adjusting from. If you are adjusting from a work based visa like H1b visa, then yes you can include your tax returns..but if you are adjusting from B1/B2, VWP, F1 (where you did not have a legal work permit), you can't use your tax returns in such cases to offset the tax filing requirements in I-864. In such a case, if you are adjusting status because you are the immediate family member of a US citizen (such as a spouse), they would have to use THEIR tax returns to meet the requirements. If they did not file taxes, the. You use a joint sponsors also. But the petitioner must always fill the form. So back to my question -

On what basis are you filing to adjust status (spouse of a US citizen etc) ?

[Harpa Timsah 13,258]

Really? Wow... I knew about the over stays but illegal employment as well? Here I am about to have to go on leave without pay until I get my EAD yet the USCIS will happily forgive illegal employment. SMH...

Yes, illegal work is forgiven. I should say, plain, vanilla illegal work. Like, under the table stuff. That work cannot be obtained because of fraud, or because of lying about being a USC on the I-9, or because of stealing someone else's SSN. Those things will be a bar to adjusting. Furthermore, all sorts of work needs to be reported and all taxes filed and paid.

This "forgiveness" is done as a courtesy to the USC.

What happened to your expedite request?

[aussie_jason 195]

Yes, illegal work is forgiven. I should say, plain, vanilla illegal work. Like, under the table stuff. That work cannot be obtained because of fraud, or because of lying about being a USC on the I-9, or because of stealing someone else's SSN. Those things will be a bar to adjusting. Furthermore, all sorts of work needs to be reported and all taxes filed and paid.

This "forgiveness" is done as a courtesy to the USC.

What happened to your expedite request?

I'm interested to know how the OP was able to work then as they had a SSN, which should have had conditions attached.

In regards to my expedite request, lets just say I had a lapse of intelligence and didn't actually hit the send button, which I didn't realize until yesterday. Many face palms have resulted.

[Harpa Timsah 13,258]

I'm interested to know how the OP was able to work then as they had a SSN, which should have had conditions attached.

In regards to my expedite request, lets just say I had a lapse of intelligence and didn't actually hit the send button, which I didn't realize until yesterday. Many face palms have resulted.

How? possibly dumb employer. If they did any lying, or claimed to be a USC to get around the conditions, then they are toast.

and hope it works out! You should call USCIS for an expedite

[lloydsally 0]

No. You are asking if you should include your income tax filings in the I-864 form but that depends on what basis you are filing for the AOS and the type of visa you are adjusting from. If you are adjusting from a work based visa like H1b visa, then yes you can include your tax returns..but if you are adjusting from B1/B2, VWP, F1 (where you did not have a legal work permit), you can't use your tax returns in such cases to offset the tax filing requirements in I-864. In such a case, if you are adjusting status because you are the immediate family member of a US citizen (such as a spouse), they would have to use THEIR tax returns to meet the requirements. If they did not file taxes, the. You use a joint sponsors also. But the petitioner must always fill the form. So back to my question -

On what basis are you filing to adjust status (spouse of a US citizen etc) ?

Oh, Im filing AOS from F1 Visa with my USC wife. Im just finished my undergraduate degree this January 2014 and going to submit the AOS soon. I will skip the OPT opportunity. So basically, I dont need to put my tax in the i864 but need to put my "illegal" employment in the G325A?

[Harpa Timsah 13,258]

Yes.

[ManCharsey 254]

Yes. That's what you should do