Helloooooo!!!!!! Need

[Dashinka 24,635]

1 hour ago, HRQX said:

No it wouldn't since the misrep wouldn't be material. https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "The misrepresentation is only material if it led to the person gaining some advantage or benefit to which he or she may not have been entitled under the true facts." The unauthorized work by IR is forgiven per INA 245(c)(2) and INA 245(c)(8) https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Nope. It wouldn't affect those applications.

Thanks for clarifying.

[dwheels76 5,468]

6 hours ago, ashley_ann said:

That’s actually really surprising to me. I’ve always been told it’s a huge problem. 

It's a huge problem working under someone elses name that's a US citizen because basically you are claiming you are a US citizens. But just working illegally is forgiven when you marry a citizen

[SusnOwen 160]

17 hours ago, Carol000 said:

I mean do u get a paper or something after. She kept all my proof of relationship stuff and made copies of other things. And she said I have to confirm that ur medical is valid and will let u know 

We weren't given anything at the interview - same issue with the medical.  We received an RFE shortly after, and had to redo the medical and submit it to the local office, then got approval for my husband.

[Carol000 12]

Card is been produced.. thank you guys 

[Mike E 11,741]

22 hours ago, AW1704 said:

So what is/are the potential consequences of working with no EAD? I don't have any intention of doing so (therefore not looking for tips, lol), but I'm curious if it doesn't come up at AoS, when would it?

1. If the marriage ends before the beneficiary has a green card not the citizen petitioner withdraws the application the beneficiary’s paths to get a green card are reduced.  

 

2.  I’ve seen this before: Getting caught by ICE while working, even if there is a pending marriage based (to a USA citizen) I-485 can result in detention and/or moving the case to an immigration judge.  
 

Working without authorization  is playing with fire.  It is something I advise against.  

[P055UM 286]

16 minutes ago, Mike E said:

Working without authorization  is playing with fire.  It is something I advise against.  

No doubt. I was just surprised to read there is an established practice of forgiveness.

[Mike E 11,741]

9 minutes ago, AW1704 said:

No doubt. I was just surprised to read there is an established practice of forgiveness.

It’s the law: Immigration and Naturalization Act and it has been the law for over 40 years and likely longer.  There’s no discretion here afaik.  
 

One other consequence is that Canada is less likely to grant NEXUS though the USA will sometimes grant Global Entry.  

Edited November 19, 2021 by Mike E

[HRQX 4,145]

51 minutes ago, Mike E said:

If the marriage ends before the beneficiary has a green card not the citizen petitioner withdraws the application the beneficiary’s paths to get a green card are reduced.

That's a valid point. For example: https://www.immihel p.com/forum/adjustment-of-status-i-485/703492-i-485-pending-ice-detention-delayed-decision-divorce

51 minutes ago, Mike E said:

I’ve seen this before: Getting caught by ICE while working, even if there is a pending marriage based (to a USA citizen) I-485 can result in detention and/or moving the case to an immigration judge.

The IJ would still follow the INA in regards to the inapplicability of certain bars. But if the marriage breaks down in the meantime (like it did in the link I shared above) then deportation would most likely occur.

 

Generally, ICE uses its prosecutorial discretion to go easier on certain cases if the case meets the "Standard for Dismissal" https://www.ice.gov/doclib/detention-reform/pdf/aliens-pending-applications.pdf

Edited November 19, 2021 by HRQX

[Mike E 11,741]

1 minute ago, HRQX said:

That's a valid point. For example: https://www.immihel p.com/forum/adjustment-of-status-i-485/703492-i-485-pending-ice-detention-delayed-decision-divorce

The IJ would still follow the INA in regards to the inapplicability of certain bars. But if the marriage breaks down in the meantime (like it did in the link I shared above) then deportation would most likely occur.

 

Generally, ICE uses its prosecutorial discretion to go easier on certain cases if the case meets the "Standard for Dismissal" https://www.ice.gov/doclib/detention-reform/pdf/aliens-pending-applications.pdf

Right.  But getting handcuffed, jailed, bonded out, going through the courts, etc is inconvenient to say the least.