Work violation impact on DV AOS

[petitioner2023 8]

I'm asking for a friend who was selected for DV. He's on an F1 or F2 visa and worked for DoorDash for two months, which is a violation, obviously. He's now applying for I-485 since he's already in the US. 

 

He was told if he leaves the US and goes to Canada or a country in the Caribbean for a few days and then returns to the US, his work violation would be erased. Is there any accuracy to this assumption? 

Edited May 22 by petitioner2023

[Crazy Cat 41,814]

Where did he hear this? This is a new one to me.  How could exiting the US possibly erase his work history?

[petitioner2023 8]

1 minute ago, Crazy Cat said:

Where did he hear this? This is a new one to me.  How could exiting the US possibly erase his work history?

An attorney told him. It doesn't make sense. 

[wildbug100420 101]

29 minutes ago, petitioner2023 said:

I'm asking for a friend who was selected for DV. He's on an F1 or F2 visa and worked for DoorDash for two months, which is a violation, obviously. He's now applying for I-485 since he's already in the US. 

 

He was told if he leaves the US and goes to Canada or a country in the Caribbean for a few days and then returns to the US, his work violation would be erased. Is there any accuracy to this assumption? 

Adjustment of status is abandoned if the applicant leaves the US while it's being processed. 

[petitioner2023 8]

Something about automatic validation when coming back. 

[petitioner2023 8]

[petitioner2023 8]

I think what happens is when they travel to Mexico, Canada, or another country on the list and reenter the CBP officer grants new status which resets the visa thus erasing previous status violations. Does this make sense?

[Crazy Cat 41,814]

11 minutes ago, petitioner2023 said:

I think what happens is when they travel to Mexico, Canada, or another country on the list and reenter the CBP officer grants new status which resets the visa thus erasing previous status violations. Does this make sense?

How can that change history? 

[Crazy Cat 41,814]

23 minutes ago, petitioner2023 said:

I think what happens is when they travel to Mexico, Canada, or another country on the list and reenter the CBP officer grants new status which resets the visa thus erasing previous status violations. Does this make sense?

Interesting..  That is outside my area of knowledge.

[Family 3,988]

23 minutes ago, Crazy Cat said:

Interesting..  That is outside my area of knowledge.

Trust your instincts …only a Don’t Ask Don’t Tell Attorney would tell this DV winner to apply for adjustment with violation of status, when no exception applies.

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8))

C. Effect of Departure

The departure and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration status or violated the terms of the nonimmigrant status on any previous entry into the United States does not erase the bar. Otherwise, an applicant who has failed to maintain lawful status or violated status could simply depart the United States, reenter immediately, and become eligible to file for adjustment of status.^[21]

[petitioner2023 8]

6 minutes ago, Family said:

Trust your instincts …only a Don’t Ask Don’t Tell Attorney would tell this DV winner to apply for adjustment with violation of status, when no exception applies.

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8))

 

C. Effect of Departure

The departure and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration status or violated the terms of the nonimmigrant status on any previous entry into the United States does not erase the bar. Otherwise, an applicant who has failed to maintain lawful status or violated status could simply depart the United States, reenter immediately, and become eligible to file for adjustment of status.^[21]

This clearly states the previous violation will not be erased. Yes I agree. The same attorney told him don't mention it. Which is bad advice in my opinion. 

[Crazy Cat 41,814]

37 minutes ago, petitioner2023 said:

The same attorney told him don't mention it. Which is bad advice in my opinion. 

It's worse than bad advice.....it's probably actionable by a state bar.

Edited May 22 by Crazy Cat

[Crazy Cat 41,814]

26 minutes ago, Family said:

Trust your instincts …only a Don’t Ask Don’t Tell Attorney would tell this DV winner to apply for adjustment with violation of status, when no exception applies.

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8))

 

C. Effect of Departure

The departure and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration status or violated the terms of the nonimmigrant status on any previous entry into the United States does not erase the bar. Otherwise, an applicant who has failed to maintain lawful status or violated status could simply depart the United States, reenter immediately, and become eligible to file for adjustment of status.^[21]

Thanks.  That's all I could find.   

[petitioner2023 8]

https://www.avvo.com/legal-answers/unauthorized-work-violation-on-f-1-visa-2041701.html

 

The first answering attorney said something similar. So apparently the advice is out there and some attorneys are giving this advice to folks who violate status by working without authentication. Saying the violation will be erased by existing and entering the US. 

[Sm1smom 250]

Considering Part 8 Q.16 of the I-485 specifically asks applicants “Have you EVER Worked in the United States Without Authorization” and Q.17 asks “Have you EVER Violated the terms or conditions of your nonimmigrant status?” - is your friend planning on answering “NO” to those questions considering he/she will be swearing and certifying under penalty of perjury to the accuracy and correctness of the information contained on the form? Note, those questions are not asking about violations from most recent admission into the US.