AOS and illegal employment

[nelifi 0]

Hello everyone.

My story: I came to the US in 2007 as J-1 student for 3 months. When my visa was about to expire I applied for B-2 status for 6 months and then extended it for another 6. After that I became out of status. I've been out of status for almost 2 years. 7 months ago I married a USC and we are almost ready to send our AOS package.

But there is one thing that really worries me. On form G-325A I must list my employment history for the last 5 years. When I was on B-2 status I was working (illegally of course). So my question is - would it be considered as immigration fraud or something like that since I applied for tourist status (to travel etc.), but instead I immediately started working illegally. And 6 months later I applied to extend my tourist status, but instead of traveling and being a tourist I continued to work illegally. Would it have a negative impact on my AOS case?

Or maybe I should just not list that job on the form, since I was getting paid cash and there is no way to tell that I was actually working there?

I know that they forgive your illegal employment when you marry a USC, but in this case I knew that I would work illegally when I was applying for B-2 status. And I'm not sure if they forgive that.

Thank you.

[finallyfree 2]

Hello everyone.

My story: I came to the US in 2007 as J-1 student for 3 months. When my visa was about to expire I applied for B-2 status for 6 months and then extended it for another 6. After that I became out of status. I've been out of status for almost 2 years. 7 months ago I married a USC and we are almost ready to send our AOS package.

But there is one thing that really worries me. On form G-325A I must list my employment history for the last 5 years. When I was on B-2 status I was working (illegally of course). So my question is - would it be considered as immigration fraud or something like that since I applied for tourist status (to travel etc.), but instead I immediately started working illegally. And 6 months later I applied to extend my tourist status, but instead of traveling and being a tourist I continued to work illegally. Would it have a negative impact on my AOS case?

Or maybe I should just not list that job on the form, since I was getting paid cash and there is no way to tell that I was actually working there?

I know that they forgive your illegal employment when you marry a USC, but in this case I knew that I would work illegally when I was applying for B-2 status. And I'm not sure if they forgive that.

Thank you.

From what i know, you MUST list all your employment for the last five years. Someone more knowledgeable will chime in soon, i'm sure. But if you're worried, why not do a consultation with an immigration attorney?

Edited June 27, 2010 by finallyfree

[canadian_wife 1,823]

IMO - always tell the truth. The penalty of misrepresentation and lying on forms is WAY more serious then you might think.

Good luck

[Kathryn41 3,205]

Yes, you need to disclose that you have worked illegally and if asked about it during an interview, you also need to be honest. The one thing working in your favour is that illegal presence and illegal employment is 'forgiven' for marriage-based Adjustment of Status applications while misrepresentation is not. You may well get a 'talking to' during an interview - or it may not be addressed at all. You may find some reassurance from discussing your situation with an immigration attorney - you can generally get a cheap or free consultation - but definitely do not try to hide the fact that you worked illegally. Lying and misrepresenting yourself to immigration, especially on any written form or document, is considered a far worse 'crime' in immigration's eyes.

[JimVaPhuong 4,863]

Yes, you need to disclose that you have worked illegally and if asked about it during an interview, you also need to be honest. The one thing working in your favour is that illegal presence and illegal employment is 'forgiven' for marriage-based Adjustment of Status applications while misrepresentation is not. You may well get a 'talking to' during an interview - or it may not be addressed at all. You may find some reassurance from discussing your situation with an immigration attorney - you can generally get a cheap or free consultation - but definitely do not try to hide the fact that you worked illegally. Lying and misrepresenting yourself to immigration, especially on any written form or document, is considered a far worse 'crime' in immigration's eyes.

This is absolutely correct. Overstay or working illegally would normally disqualify someone from adjusting status, but those disqualifications do not apply to the spouse of a US citizen. Lying or failing to disclose material information DOES apply. If you don't list the jobs, and USCIS discovers them, you could be found guilty of material misrepresentation, and barred from the US for life.

An additional note - working without authorization is not a disqualifier for the spouse of a US citizen. However, if you violated any other laws in order to obtain those jobs, such as using a false social security number, or claiming to be a US citizen, then those offenses would not be "forgiven" when you apply for AOS.

[Tom_Jim 40]

I overstayed my H1-B for a few years. You don't have to disclose you "worked illegally" as that's already inferred when you put your five-year employment history down. I was never asked about my work situation during my AOS interview. If they ask you specific questions during your interview, always answer truthfully. And as the previous poster wrote, don't forge documents or claim to be a US Citizen.

Best of luck to you and your spouse, as you move forward.

[Brother Hesekiel 2,236]

I second what Jim said, but like to add one important point: while USCIS forgives that you worked without authorization, IRS still expects you to pay taxes on your income like any other resident. I urge you to file a 1099 for 2009, ideally for 2008 or even 2007 as well. If you earned very little, all (15.7%) you have to pay is going into Social Security and counts toward the 40 units (10 years) you need eventually anyway. So you would be basically paying yourself. I believe the minimum income to get the units counted is $3,200 annually (double check this). If you think USCIS is anyoing, imagine how much fun a claim of tax evasion (a felony) can be.

Edited June 28, 2010 by Just Bob

[nelifi 0]

Thank you everyone for your help. I'm very pleased to see how many people are trying to help each other with their immigration cases.

I have no problems with listing my other jobs in the form since I worked there while I was already out of status, I only worry about this particular job. Since I was working there while I was changing my status to B-2 and then extending it 6 months later. So, wouldn't it be considered as a misrepresentation, since I was telling USCIS that I need this status to travel and see places but in real life I was working without a permission. It's like I willfully lied about my intentions. And I worry this can be a very big issue and can prevent me from AOS.

[Brother Hesekiel 2,236]

No, you don't have to worry about this. It's also not important where you worked and how much money you made; all that matters at AOS is that you were a resident (you were) and filed taxes like any other resident.

If you are really strapped for cash just file for 2009, otherwise file for 3 years and already sack 3 out of 10 in a smart strike. Win, win, win.

[Rebecca Jo 1,962]

Thank you everyone for your help. I'm very pleased to see how many people are trying to help each other with their immigration cases.

I have no problems with listing my other jobs in the form since I worked there while I was already out of status, I only worry about this particular job. Since I was working there while I was changing my status to B-2 and then extending it 6 months later. So, wouldn't it be considered as a misrepresentation, since I was telling USCIS that I need this status to travel and see places but in real life I was working without a permission. It's like I willfully lied about my intentions. And I worry this can be a very big issue and can prevent me from AOS.

I would suggest you run your case by a licensed attorney who specializes in family based immigration cases. I'd suggest you do that before you apply to adjust your status and I'd suggest you attend that interview with copies of any documentation previously submitted to the Service.

[nelifi 0]

I had a quick word with an attorney today and asked her if my illegal employment while on B-2 would affect my case. She said yes, my case could be denied, since I violated my B-2 status and worked without permission. So now I'm very confused and don't know what to do. My package is ready to be sent, but I'm freaking out. So I would like to know if:

1) Anybody worked illegally while on B-2 visa and then successfully adjusted their status to permanent resident?

2) Anybody hear about cases being denied over visa violation or illegal employment?

I would really appreciate your help.

[nelifi 0]

3) And does violation of previous visa/status prevent a person from AOS in general?

[Brother Hesekiel 2,236]

I worked from April 12, 1994 until September 14, 2007 without authorization. That's 13-1/2 years, and it never was made an issue and never came up in any way at any time to this very day. Of course, I always paid my taxes and submitted the past 3 years' worth of tax returns with my AOS application.

There are many attorneys and it's very difficult to find out if you have a good one. Luckily, we now know you don't, as this sh*t is Immigration 101, stuff even the dumb ones should know.

[JimVaPhuong 4,863]

I had a quick word with an attorney today and asked her if my illegal employment while on B-2 would affect my case. She said yes, my case could be denied, since I violated my B-2 status and worked without permission. So now I'm very confused and don't know what to do. My package is ready to be sent, but I'm freaking out. So I would like to know if:

1) Anybody worked illegally while on B-2 visa and then successfully adjusted their status to permanent resident?

2) Anybody hear about cases being denied over visa violation or illegal employment?

I would really appreciate your help.

There are many attorneys who would strongly disagree with the 'advice' you got from the attorney you consulted.

Scroll down to "Unauthorized Employment":

http://www.americanlaw.com/aos.html

Scroll down to "Ineligible Categories" and read section 4:

http://www.igetyouin.com/en/US-Visas-Adj-Status.html

Read the paragraph on "Unauthorized Employment":

http://www.nallaseth.com/documents/ADJUSTMENT_OF_STATUS.htm

Scroll down to "Bars to Adjustment of Status" and read the sixth paragraph:

http://www.klaskolaw.com/articles.php?action=view&id=118

This is just a few links from the first page of a Google search. There are many hundreds more such references. The attorney you consulted either doesn't know immigration law from a hole in the ground, or he's trying to convince you that you need to fork over piles of cash to him in order to avoid being deported.

Edit: I didn't read carefully enough. SHE gave you bad advice.

Edited July 7, 2010 by JimVaPhuong

[juliava 80]

I had a quick word with an attorney today and asked her if my illegal employment while on B-2 would affect my case. She said yes, my case could be denied, since I violated my B-2 status and worked without permission. So now I'm very confused and don't know what to do. My package is ready to be sent, but I'm freaking out. So I would like to know if:

1) Anybody worked illegally while on B-2 visa and then successfully adjusted their status to permanent resident?

2) Anybody hear about cases being denied over visa violation or illegal employment?

I would really appreciate your help.

1. I was on a B-2 status in early 2006 and I worked without authorization until 2009, but I paid my taxes just like everybody else. When I applied for EAD I was still working by the way. My AOS was approved.

2. NO

3) And does violation of previous visa/status prevent a person from AOS in general?

It depends what kind of visas you are talking about.