Work violation impact on DV AOS

[petitioner2023 8]

48 minutes ago, Sm1smom said:

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.

I told him about those two questions. 

[Demise 1,281]

14 hours 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? 

245(k) which is what this is referencing is only applicable to adjustment via work. Where you can violate your status (work illegally, overstay, etc) for up to 180 days since last admission to US, and yes, leaving and being re-admitted resets that clock.

 

Your friend should just do consular processing abroad. Working without authorization is a bar to AOS, but it's not a bar for consular processing.

Edited May 23 by Demise

[petitioner2023 8]

26 minutes ago, Demise said:

245(k) which is what this is referencing is only applicable to adjustment via work. Where you can violate your status (work illegally, overstay, etc) for up to 180 days since last admission to US, and yes, leaving and being re-admitted resets that clock.

 

Your friend should just do consular processing abroad. Working without authorization is a bar to AOS, but it's not a bar for consular processing.

What could happen if he goes to Canada and comes back to the US? He's on F2 visa. 

[Demise 1,281]

6 hours ago, petitioner2023 said:

What could happen if he goes to Canada and comes back to the US? He's on F2 visa. 

Nothing. Like I said, the thing you're referencing is 245(k) and that one is only applicable to adjustment via employment sponsorship (EB1-EB5). It does not work for family cases, it does not work for DV cases. Other than that, leaving and coming back does nothing to prior unauthorized employment.

See Item B: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

 

If it's him that won he should try his damnest to get an interview abroad for the DV1 visa because like I said, unlawful employment is only a bar to AOS, it's not an inadmissibility on its own.

 

If it's his spouse that won then that makes a bit easier, since all else fails, his spouse could adjust in US and later just sponsor him in F2A, he'd still need to do consular processing to get his green card but there's no time pressures (since DV can only be issued in the fiscal year, so by September 30th or it's gone).

[JeanneAdil 6,492]

8 hours ago, petitioner2023 said:

What could happen if he goes to Canada and comes back to the US? He's on F2 visa. 

If allowed into Canada and back to US,  he's had a visit to Canada and only that /  there's no resetting his status

He needs to disclose his work history and forget what an attorney says about not disclosing it /lying (material misrepresetation )  to immigration is a permanent ban

 

F-2 visa holders are able to live in the U.S with the F-1 visa holder. They are not, however, normally allowed to work.Jun 30, 2023

 

He can fill out petition to adjust and see where it goes

 

BTW  he could not reestablish I -20 since its not his I- 20  /  he's a derivate of a F1 

He needs  a GOOD immigration lawyer not that 1

 

Granted extensions of stay for F-1 visa students also apply to his or her dependents. Following the extension, proof should still be submitted to prove the financial capability of the family, as well as an application for renewal of the F-2 dependent visa. You will need to file Form I-539 and provide proof that you still have sufficient financial resources to obtain an extension and to renew your F-2 dependent visa.