Should beneficary tell of unaurthorized work? married to

[Catsinthislife 1]

Hello all!  here is the situation. Brazilian born  woman over stayed her tourist visa and has been living in the US for 8 years she came with her now ex boyfriend and was stuck here with him  they had a baby and split up . she worked under the table and also with a different name so there is no proof it was her that actually worked. She is receiving cash help from the father of her child. she is now married to a US citizen and they plan to concurrent file for adjustment of status i-485 i-130 . Because she is married it true they were forgive unauthorized work?  she has no tax ID and is now working  with fake papers. could you get away with just saying your not working and you are getting help from the ex and the USC? If being married to the USC truly means they will forgive everything then OK. but she has not filed taxes do to the fact she cant cause there is no social number or Tax ID. what do you think?

[Adventine 3,201]

When they file the immigration paperwork, she will have to be completely honest about working under the table.

 

I hope she has never at any point lied about being a US citizen in order to work.

 

The tax issues are separate from the immigration issues. She will have to deal with the IRS separately about taxes.

 

 

[P0907 127]

Tax fraud and, if she ever lied about being a resident/citizen, immigration fraud too.

 

She should be prepared to tell the truth. The consequences in the future could very well tear a family apart.

Edited August 9, 2021 by P0907

[HRQX 4,145]

9 minutes ago, Catsinthislife said:

could you get away with just saying your not working

She must answer each question honestly.

10 minutes ago, Catsinthislife said:

Because she is married it true they were forgive unauthorized work?

It's forgiven as long as she never falsely claimed to be a US citizen. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 "Immediate Relatives"

3 minutes ago, P0907 said:

if she ever lied about being a resident/citizen, immigration fraud too.

Showing a fake GC to an employer is not an issue. https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Jun082012_03H5212.pdf

Quote

The record reflects that the applicant presented a fraudulent Form I-551, Resident Alien Card, and social security card to private employers in Harrisburg, Pennsylvania (Temporary Services and Cumberland Distribution) to obtain employment. Upon review of the record, the AAO finds that the applicant is not inadmissible under section 212(a)(6)(C)(i) of the Act, and he does not require a waiver under section 212(i) of the Act.

 

What is an issue is selecting "I am: A citizen of the United States" on Form I-9 or other forms. That's the cardinal sin.

[Catsinthislife 1]

2 minutes ago, HRQX said:

She must answer each question honestly.

It's forgiven as long as she never falsely claimed to be a US citizen. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 "Immediate Relatives"

Showing a fake GC to an employer is not an issue. https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Jun082012_03H5212.pdf

 

What is an issue is selecting "I am: A citizen of the United States" on Form I-9 or other forms. That's the cardinal sin.

the Beneficiary never claimed to be US citizen.  so she should say yes to unauthorized work and be ready to explain at interview what she did? there is no reason for a waiver right? Tax fraud?  Taxes were taken out of her check and paid to the IRS with fake info. if taxes are a separate issue which i don't believe will be a problem since they cannot be traced back to her , she get into those details at interview? maybe she can talk about  just under the table tutoring on and off through the years? what are the chances if  she is 100 percent honest  and with her status getting denied.

[HRQX 4,145]

15 minutes ago, Catsinthislife said:

so she should say yes to unauthorized work

Correct, she must answer "Yes" to "Have you EVER worked in the United States without authorization?"

15 minutes ago, Catsinthislife said:

what are the chances if  she is 100 percent honest  and with her status getting denied.

The unauthorized work is not an issue in her case. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

Edited August 9, 2021 by HRQX

[P0907 127]

38 minutes ago, Catsinthislife said:

Tax fraud?  Taxes were taken out of her check and paid to the IRS with fake info.

Sounds like fraud to me. Or, if the fake SSN/ITIN used to pay tax belonged to another person (coincidentally or not), identity theft.

Edited August 9, 2021 by P0907

[HRQX 4,145]

9 minutes ago, P0907 said:

Sounds like fraud to me.

Still not an issue for USCIS if there is no conviction for fraud: https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Jun082012_03H5212.pdf "[footnote 1] The applicant also presented the [fraudulent] documents to obtain a credit card and a house. There is no evidence that he was convicted of any crimes related to fraud or that he admitted the essential elements of a fraud-related crime."

 

"The applicant's waiver application is thus unnecessary"

[Catsinthislife 1]

2 minutes ago, P0907 said:

Sounds like fraud to me.

sounds like fraud but many beneficiaries work under the table or with fake papers. as as seen here , as far as inadmissibility this states its not grounds for denial.  https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Jun082012_03H5212.pdf

 

the issue of tax fraud would have to mean  that the uscis would forward the information to the IRS. I don't believe they would approve a case like the one stated above and then set them up for the irs to take them down. so yes maybe the action of the beneficiary may be suspect, if she is honest and gets to the interview and is approved  , she will have a new clean social that matches her true name and nothing attached to it. then she can start her legal tax life.

[Ryan H 3,819]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[chancecody 125]

I agree with what’s been said. However, I strongly encourage the applicant to consult a lawyer in this case. Yes, working without authorization is forgiven if you are an Immediate Relative of a USC. But, USCIS uses their discretion if you applied for AOS. If it was disclosed that the applicant worked under fake papers, it could be denied based on the totality of circumstances under “Community Standing and Moral Character”. The applicant committed fraud as well. This demonstrates that the applicant cannot be trusted etc in the eyes of USCIS when they use their own discretion.

 

Per USCIS, most AOS may only be granted LPR status in the discretion of USCIS (this includes family-based). That is, even if applicant meets all of the other statutory and regulatory requirements, USCIS only approves the application if the applicant demonstrates that he or she warrants a favourable exercise.

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-10

Edited August 9, 2021 by chancecody

[little immigrant 801]

Just a little anecdotal experience. My husband worked unauthorized and he truthfully told about it in the interview. He was approved for the green card. 

[African Zealot 1,455]

7 hours ago, chancecody said:

However, I strongly encourage the applicant to consult a lawyer in this case. 

Using fake social security numbers is quite common. Typically should not be a problem. She still should tell the truth regardless. 

[carmel34 3,650]

12 hours ago, Catsinthislife said:

she worked under the table and also with a different name

On form I-485, check "yes for Part 8, questions 14 and 25 (or 46e), then add an explanation of working without authorization and fraud under Part 14, additional information.  Also be sure to answer Part 8, question 66 correctly, maybe get a copy of any I-9 filled out in the years of illegal work in the US to be sure.  Check out this link for advice from attorneys:

 

https://www.avvo.com/legal-answers/what-happens-if-an-illegal-person-works-under-anot-2202669.html

[Demise 1,316]

21 hours ago, Catsinthislife said:

Hello all!  here is the situation. Brazilian born  woman over stayed her tourist visa and has been living in the US for 8 years she came with her now ex boyfriend and was stuck here with him  they had a baby and split up . she worked under the table and also with a different name so there is no proof it was her that actually worked. She is receiving cash help from the father of her child. she is now married to a US citizen and they plan to concurrent file for adjustment of status i-485 i-130 . Because she is married it true they were forgive unauthorized work?  she has no tax ID and is now working  with fake papers. could you get away with just saying your not working and you are getting help from the ex and the USC? If being married to the USC truly means they will forgive everything then OK. but she has not filed taxes do to the fact she cant cause there is no social number or Tax ID. what do you think?

Yeah working illegally is forgiven in cases when adjusting via marriage to a US Citizen. (INA 245(c)(2)). Tax evasion technically is something that could be an issue but IRS only cares that they get their cut and not if the name and SSN/ITIN are legit or not, after she gets her EAD and SSN she should amend her filings for the past 10 years.

 

She'll be fine.

Edited August 9, 2021 by Demise