Will the background check show this unauthorized work? :(

[tryingtomakeit 1]

8 minutes ago, Transborderwife said:

Do not lie, filing back taxes are a good idea.

 

youre treading the line of TOS violations very finely here in some of your responses.  

Well you said "do not lie, filing back taxes are a good idea" so I understood that to mean that you are saying I was lying in reference to owing taxes. I am 100% sure that I do not owe even 20 cents in taxes to the IRS and that is irrelevant to what I am asking about I clearly stated what I have done and what my concerns are... and what I am seeking thoughts on.

 

Re "TOS" I actually do not know what that is.

[Ben&Zian 4,398]

[Ban Hammer 13,336]

multiple tos violations removed.  admin action has been taken.
 

[Chris and Tin 135]

5 hours ago, tryingtomakeit said:

I am terrified. I am on the last step of this loooong process. I have never committed a crime but was the victim of a crime (house and car broken into) and when the police came, he asked for my name and the name of the place I work (he also got address and driver's license number). I was on H4 at the time, and should not have been employed. In response to the question re where I work, I gave the name of a small business that I started, my position and the work place number. Now that I am at the I 485 and hearing about all the FBI and other background checks that will be done, I am terrified that this place of work will show up on my back ground check since I reported it to the police. Any experience with this? Do the background check show everything that has ever been reported to the police? Note that I was the crime victim, so I am not worried about anything unfavorable about my criminal history. I am worried about the work part.

hi.  maybe an immi lawyer can help you better with your question.

[mcdull 474]

5 hours ago, tryingtomakeit said:

I am terrified. I am on the last step of this loooong process. I have never committed a crime but was the victim of a crime (house and car broken into) and when the police came, he asked for my name and the name of the place I work (he also got address and driver's license number). I was on H4 at the time, and should not have been employed. In response to the question re where I work, I gave the name of a small business that I started, my position and the work place number. Now that I am at the I 485 and hearing about all the FBI and other background checks that will be done, I am terrified that this place of work will show up on my back ground check since I reported it to the police. Any experience with this? Do the background check show everything that has ever been reported to the police? Note that I was the crime victim, so I am not worried about anything unfavorable about my criminal history. I am worried about the work part.

Your real concern should be : did you answer your employment history honestly on your i485 application? 

[Boiler 45,497]

The old adage of assuming that they know about everything you do not want them to and nothing about what you do applies.

4 hours ago, Ban Hammer said:

multiple tos violations removed.  admin action has been taken.
 

My Bible, should be yours.

[geowrian 22,337]

It's unlikely to show up, but not impossible that the unauthorized work won't be noticed. If you intentionally did not put truthful information on any papers to immigration, then it could come back to haunt you at any point in the future by having any benefits obtained revoked...even after citizenship (albeit denaturalization is a very difficult and rare process). Until corrected, it will hang over your head.

 

5 hours ago, tryingtomakeit said:

Well you said "do not lie, filing back taxes are a good idea" so I understood that to mean that you are saying I was lying in reference to owing taxes. I am 100% sure that I do not owe even 20 cents in taxes to the IRS and that is irrelevant to what I am asking about I clearly stated what I have done and what my concerns are... and what I am seeking thoughts on.

I think those were 2 separate issues. Do not lie (to immigration). Filing back taxes (if owed) is a good idea.

 

Quote

Re "TOS" I actually do not know what that is.

Terms of Service...the rules of the site.

Edited July 2, 2017 by geowrian

[Cathi 5,748]

11 hours ago, tryingtomakeit said:

I am terrified. I am on the last step of this loooong process. I have never committed a crime but was the victim of a crime (house and car broken into) and when the police came, he asked for my name and the name of the place I work (he also got address and driver's license number). I was on H4 at the time, and should not have been employed. In response to the question re where I work, I gave the name of a small business that I started, my position and the work place number. Now that I am at the I 485 and hearing about all the FBI and other background checks that will be done, I am terrified that this place of work will show up on my back ground check since I reported it to the police. Any experience with this? Do the background check show everything that has ever been reported to the police? Note that I was the crime victim, so I am not worried about anything unfavorable about my criminal history. I am worried about the work part.

You said that you've never committed a crime. Working without authorization is a crime. Lying to immigration in any way, shape or from is misrepresentation and will get you denied.

[Boiler 45,497]

I do not think they care very much about working illegally, more an issue for the Employer, false claim as a USC on the I9 yes a biggie. If they find you have been economical with the truth on the applications, I guess the view is if that is incorrect what else is?

[Shauneg 762]

6 hours ago, mimolicious said:

You said that you've never committed a crime. Working without authorization is a crime. Lying to immigration in any way, shape or from is misrepresentation and will get you denied.

[zilchfox 296]

Well... you'll at least get brownie points if you disclosed your employment on your I-485 application, regardless if it was unauthorized. In a typical sense, it'd be treated nearly the same as one who filed I-485 after "overstaying" their K-1 visa of 90 days — simply ignored. If you did not disclose your work on the I-485, authorized or not, expect scrutiny at the interview.

 

In fact, expect scrutiny regardless. You knew the rules, and you decided to ignore them, you worked while unauthorized anyways, and now it's most likely you'll face the consequences for it.

 

If they overlook your issue, then great, however if they decide to decline your application, then it is what it is. I wish you the best, OP.

[geowrian 22,337]

4 hours ago, zilchfox said:

Well... you'll at least get brownie points if you disclosed your employment on your I-485 application, regardless if it was unauthorized. In a typical sense, it'd be treated nearly the same as one who filed I-485 after "overstaying" their K-1 visa of 90 days — simply ignored. If you did not disclose your work on the I-485, authorized or not, expect scrutiny at the interview.

Overstay and unauthorized work is ignored for immediate relatives of a USC. If I'm understanding the OP correctly, their spouse is not a USC.

 

However, I'm not sure if the 245(k) exemption applies here for work of less than 180 days for somebody who is doing employment-based AOS and was eligible for an EAD. I'm not familiar enough with this exemption, but it might be something a lawyer can assist with. But if there was willful, material misrepresentation on any forms, that's another issue.