Cr1 with out of status work

[Seanabyyc 0]

Hello,

 

So I'm hoping on some advice on if my previous out of status work can be forgiven. In now married to a USC and doing dcf in london. But a few years ago when I was younger I worked in the states on a tourist visa. It was stated on my i130 that I had a job in the usa. Does the consulate see this for the interview? Is this immediate grounds for rejection? Or will it be forgiven?

 

Thanks for your help guys. 

[SorrowL 138]

If you’re planning on filing DCF now or soon, do note that DCF is no longer possible anywhere unless extraordinary circumstances are met. If you already filed, disregard this statement. 
 

 

By working on a tourist visa without authorization, you committed visa fraud and misrepresented material facts. As such your visa application may be denied during interview by the consular Officer under INA 212(a)(6)(C)(i).

If you are denied, you will need to procure a waiver for your infraction after being informed about your denial with the filing of an I-601. Do not file one until told to do so by your consular Officer interviewer.

[Seanabyyc 0]

Hello, 

 

Thanks for your response. Is it overly likely to brought up at the interview? I did have an e2 Visa before hand so there was lots of authorized work. 

[SorrowL 138]

3 minutes ago, Seanabyyc said:

Hello, 

 

Thanks for your response. Is it overly likely to brought up at the interview? I did have an e2 Visa before hand so there was lots of authorized work. 

Was your E2 issued before or after your infraction? That will definitely be reviewed. 
 

either way, it’s up to the consular Officer with how they handle the case. No one here can really say what will be brought up during the interview, or what exact impact this will have on your case. You run the risk of the above denial that I stated. Whether it happens, is up to the CO. 
 

 

[Seanabyyc 0]

It was issued before. I've been to the states a few time after. Would I be better to go the states and adjust status?

[SalishSea 17,970]

3 minutes ago, Seanabyyc said:

It was issued before. I've been to the states a few time after. Would I be better to go the states and adjust status?

NO.  This is not legal.

[Seanabyyc 0]

Ok thanks for that info. 

[Eb2019 4]

3 hours ago, Seanabyyc said:

Hello,

 

So I'm hoping on some advice on if my previous out of status work can be forgiven. In now married to a USC and doing dcf in london. But a few years ago when I was younger I worked in the states on a tourist visa. It was stated on my i130 that I had a job in the usa. Does the consulate see this for the interview? Is this immediate grounds for rejection? Or will it be forgiven?

 

Thanks for your help guys. 

What are the Advantages to Consular Processing?

Unauthorized employment bars adjustment of status.  Section 245(c) of the Immigration and Nationality Act says that adjustment of status in the United States is not available to an alien who ?accepts unauthorized employment prior to filing an application for adjustment of status … or who has failed … to maintain continuously a lawful status since entry into the United States …?  This makes you statutorily ineligible for the process of ?adjustment?; it means that you are ineligible to obtain your green card in the United States.  

But this is not a problem when you obtain your immigrant visa through a consular office outside the United States.  The Consul applies a different set of laws and there is no problem with unauthorized employment when you obtain your visa through consular processing.  Furthermore, the Immigration and Naturalization Service (INS) has the discretion whether or not to grant adjustment of status.  On the other hand, the American consul must issue the visa unless he or she finds that you are disqualified.  This means that if you do not have AIDS or tuberculosis, if you are not a user or abuser of narcotics, or a prostitute or a communist, if you are not a smuggler or a terrorist, and if you have all the right papers then you will obtain the visa.  The consuls see their jobs as issuing visas.  The INS officers see their jobs as enforcing the immigration laws.  Granting of benefits is a low priority to immigration officers. 

 

Please research online as unauthorized employment in Consular Processing is forgiven as you have effectively removed yourself from the USA, it is not a problem.

Search in google "unauthorized employment and consular processing " and you will find the answer 

However you cannot do adjustment of status as it will be denied

[Just Paul 4,595]

7 minutes ago, Eb2019 said:

Immigration and Naturalization Service (INS)

INS hasn't existed since 2003

8 minutes ago, Eb2019 said:

This means that if you do not have AIDS or tuberculosis, if you are not a . . .

AIDS hasn't been a bar since 2010

https://www.hivlawandpolicy.org/issues/immigration

 

[Eb2019 4]

12 minutes ago, Paul & Mary said:

INS hasn't existed since 2003

AIDS hasn't been a bar since 2010

https://www.hivlawandpolicy.org/issues/immigration

 

Yes, this is an old post, thanks. Just wanted to let them know that unauthorized employment is not an inadmissibility issue in consular processing 

[SorrowL 138]

19 minutes ago, Eb2019 said:

Yes, this is an old post, thanks. Just wanted to let them know that unauthorized employment is not an inadmissibility issue in consular processing 

Foreign affairs manual 9 states otherwise. It’s all really in the hands of the consular Officer. If someone works without authorization in the United States it is a misrepresentation in front of a consular Officer and/or DHS Officer (CBP), as entry would be denied if not concealed, as such it is also willful. 
 

OP should definitely not take this lightly, and should prepare for many possible outcomes. 

[NikLR 13,228]

Generally speaking unauthorized work is forgiven/ignored for spouses of USC.  You need to disclose it and be open about it.  

It may require a waiver. 

[Boiler 45,735]

Just think of the millions of waivers that would have been needed if this was an issue.

[NikLR 13,228]

11 hours ago, Boiler said:

Just think of the millions of waivers that would have been needed if this was an issue.

tbh i just threw that in there to cover my butt... LOL

[SusieQQQ 11,587]

21 hours ago, Eb2019 said:

Yes, this is an old post, thanks. Just wanted to let them know that unauthorized employment is not an inadmissibility issue in consular processing 

It’s not a bar to adjustment either IF the petition is an immediate relative category, which a spouse is. For other categories, yes. Moot as OP cannot enter with intent to adjust anyway.