Working as an Essential worker with ITIN in Illinois

[jazes 0]

After working with Individual Tax payer identification number (ITIN) and also paid tax with an agency for over 2years.

 

Now married to a US citizen and planning to apply for  EAD while adjusting status.

 

Will it be out of place to state in the I- 130 and I-130A form that I actually work or to declare unemployed in order to 

avoid all sorts of complications?

 

Looking forward to be educated on this.

 

Thanks

 

 

[Just Paul 4,595]

3 minutes ago, jazes said:

After working with Individual Tax payer identification number (ITIN) and also paid tax with an agency for over 2years.

 

Now married to a US citizen and planning to apply for  EAD while adjusting status.

 

Will it be out of place to state in the I- 130 and I-130A form that I actually work or to declare unemployed in order to 

avoid all sorts of complications?

 

As in working with an ITIN for a company not self employed?  An ITIN isn't a social security number (for employment purposes) nor is it an EAD.  Once you were employed under a work visa then you should have obtained a SSN. 

Sounds like the horse has left the barn so explain in on the I-130 and interviews.  Work is forgiven as a spouse of a US Citizen.

[Boiler 45,887]

I assume he was working illegally.

 

Tell the truth.

[jazes 0]

56 minutes ago, Paul & Mary said:

 

As in working with an ITIN for a company not self employed?  An ITIN isn't a social security number (for employment purposes) nor is it an EAD.  Once you were employed under a work visa then you should have obtained a SSN. 

Sounds like the horse has left the barn so explain in on the I-130 and interviews.  Work is forgiven as a spouse of a US Citizen.

Thanks bro

[jazes 0]

34 minutes ago, Boiler said:

I assume he was working illegally.

 

Tell the truth.

Not at all because working with ITIN for some industries is legal in Illinois

[Boiler 45,887]

So no problem 

[HRQX 4,145]

35 minutes ago, jazes said:

working with ITIN for some industries is legal in Illinois

Employment authorization is governed by federal law. See 8 CFR Part 274a.

1 hour ago, jazes said:

Will it be out of place to state in the I- 130 and I-130A form

Mention it.

 

Is the beneficiary in this case the same beneficiary in the AOS case from last year?

[Just Paul 4,595]

There are valid federal uses to obtain an ITIN.  Just because Illinois encourages undocumented workers to obtain a ITIN does not make it legal to be employed. Some states allow for the recreational and medical use of cannabis.  Cannabis is still illegal under federal law.  Make sure that at each step of your immigration journey you disclose that you were using an ITIN in lieu of an EAD for employment especially if naturalization is the desired path.