Unwilful Fraud/Misrepresentation, Not Charged, AOS Filed

[AB90 5]

Here's my story and I desperately seek your advice. I'll try to keep it short and precise.

I've been in F1 status which got terminated. My previous employer produced fraudulent document (without my consent) and USCIS knows about it, now the fault is mine, and I don't think I can prove it otherwise.

Fast forwarding, USCIS terminated my status, and asked to leave United States. My H1B also got denied. I had a labor approved and my priority date is current. I'm also scheduled to get married in about a month, so leaving is not an option. However, USCIS haven't sent me any NTA either.

So I spoke with multiple lawyers and after lots of advices, I decided to retain a lawyer and filed for AOS right away with my approved labor mentioning section 245. The lawyer said only way I could get 485 approved is through a hardship waiver.

While filing 485, I did mention Yes in one of the questions and provided an explanation that I was unaware that I was violating any law. Now it's been more than a couple of months, I have had my fingerprint taken, but no updates so far.

Now I'm neither legal or illegal here, and I have no idea how long we have to bear this ordeal.

Any suggestion, possible outcome, or even unlikely solution is truly appreciated.

Edited May 26, 2016 by AB90

[canadian_wife 1,791]

Your excuse of being unaware of violating immigration laws is lame. I'd drop that mentality right now and never mention it again. It is your responsibility to know. Coming to the U.S. is a privilege and you will not receive any sympathy by saying that you were uneducated about your own status and responsibilities.

good luck

[JessDak 27]

How would OP know if his employer produced fraudulent documents? As far as I know the employer files for the foreign worker, and the foreigner has nothing to do with the paperwork...making it completely plausible for the foreigner to not know if the employer is doing something crooked.

Please correct me if i'm wrong as I've never been sponsored by an employer before...but this i just my understanding of how it works.

[Anitafeliz 1,133]

You were asked to leave how can you adjust from that?? I am sorry but you should go before you get a ban at least if you leave then you can find a legal route to return. Unless you already have a ban...then you should just go...

Edited May 27, 2016 by Anitafeliz

[Hypnos 6,576]

Your case is not DIY and you need a good lawyer.

If you haven't found one you care to retain, keep looking. Do not hire one that says only things you want to hear.

[canadian_wife 1,791]

How would OP know if his employer produced fraudulent documents? As far as I know the employer files for the foreign worker, and the foreigner has nothing to do with the paperwork...making it completely plausible for the foreigner to not know if the employer is doing something crooked.

Please correct me if i'm wrong as I've never been sponsored by an employer before...but this i just my understanding of how it works.

What was the fraudulent document? The OP never said. How do we in fact know it was fraudulent? Just to take his word for it?

Every immigrant must know about their entire case. It sounds like, to me, that the OP was working during his F-1 status and if that was the case, and it was not under authorized circumstances, then that IS his responsibility...fraudulent document or not.

OP - good luck ..

[AB90 5]

@canadian_wife I agree with what you're saying, but hey, people make mistakes, and I made one too not knowing what I should have known.

@jessdak That's what happened.

@anitafeliz I don't know how, I'm not charged for fraud or misrepresentation. I only received a letter from DHS/USCIS asking to leave or call their helpline. But I had filed AOS by then.

@hypnos I already have one, they told me only a hardship waiver from my future wife once we get married would help.

[Anitafeliz 1,133]

@canadian_wife I agree with what you're saying, but hey, people make mistakes, and I made one too not knowing what I should have known.

@jessdak That's what happened.

@anitafeliz I don't know how, I'm not charged for fraud or misrepresentation. I only received a letter from DHS/USCIS asking to leave or call their helpline. But I had filed AOS by then.

@hypnos I already have one, they told me only a hardship waiver from my future wife once we get married would help.

Then get a lawyer and dont get yourself a ban so you may return...

[JessDak 27]

What was the fraudulent document? The OP never said. How do we in fact know it was fraudulent? Just to take his word for it?

Every immigrant must know about their entire case. It sounds like, to me, that the OP was working during his F-1 status and if that was the case, and it was not under authorized circumstances, then that IS his responsibility...fraudulent document or not.

OP - good luck ..

You can work while you are in F-1 status. You can either work for the school (which I did while I was a student) or you can apply for CPT (Curricular Practical Training). I've heard that a lot of people who do CPT end up being sponsored a H-1B visa by the employer once the F-1 status ends.

I really don't mean to be rude but you seem to be attacking OP right out of the gate...It's not our job to determine if the document is fraudulent or not, that's up to USCIS (and OP says they have already found that out)...it's our job to give advice to other people with visa related issues.

[JessDak 27]

I agree with hypnos and anita, I think your best bet is to let the lawyer handle it. If you have already filed AOS before you were asked to leave that seems like a tricky situation. In normal cases, overstays are permitted while AOS processes....but i'm not sure how it works if you are asked to leave on different grounds.

[abhi_meli 150]

Here's my story and I desperately seek your advice. I'll try to keep it short and precise.

I've been in F1 status which got terminated. My previous employer produced fraudulent document (without my consent) and USCIS knows about it, now the fault is mine, and I don't think I can prove it otherwise.

Fast forwarding, USCIS terminated my status, and asked to leave United States. My H1B also got denied. I had a labor approved and my priority date is current. I'm also scheduled to get married in about a month, so leaving is not an option. However, USCIS haven't sent me any NTA either.

So I spoke with multiple lawyers and after lots of advices, I decided to retain a lawyer and filed for AOS right away with my approved labor mentioning section 245. The lawyer said only way I could get 485 approved is through a hardship waiver.

While filing 485, I did mention Yes in one of the questions and provided an explanation that I was unaware that I was violating any law. Now it's been more than a couple of months, I have had my fingerprint taken, but no updates so far.

Now I'm neither legal or illegal here, and I have no idea how long we have to bear this ordeal.

Any suggestion, possible outcome, or even unlikely solution is truly appreciated.

your'e from which country?

[Pinkrlion 2,607]

Confused??? What are you adjusting from? Are u married now? Your case is too complicated and u need a lawyer

[newacct 688]

You're adjusting based on an employment-based petition filed by which employer? The employer that produced fraudulent documents? Or a later employer? Are you working for this employer? If not, why are they petitioning you? Did you work for them before and then quit?

You are out of status but I think you are taking advantage of 245(k) which allows employment-based AOS's to have had less than 180 days out of status or unlawful employment. Was it less than 180 days after you supposedly violated your status or your status was terminated, before you filed AOS? Also, any unlawful employment after filing AOS counts towards this 180 days so make sure you didn't do that.

What ban is the waiver for? The misrepresentation ban? (So the lawyer is assuming you will be denied for misrepresentation?)

[canadian_wife 1,791]

You can work while you are in F-1 status. You can either work for the school (which I did while I was a student) or you can apply for CPT (Curricular Practical Training). I've heard that a lot of people who do CPT end up being sponsored a H-1B visa by the employer once the F-1 status ends.

I really don't mean to be rude but you seem to be attacking OP right out of the gate...It's not our job to determine if the document is fraudulent or not, that's up to USCIS (and OP says they have already found that out)...it's our job to give advice to other people with visa related issues.

F-1 status is not terminated for lawfully working on campus or via CPT. I also hate the 'I didn't know the rules' excuse and if he is already up against a difficult adjustment, claiming ignorance is not going to fly. I still stand by my comment that he should not say that during this process.

You are right, it is not up to us to determine the legitimacy of documents. And I gave my advice.

Good luck

[Penguin_ie 5,985]

I would have thought bringing the wedding forward (assuming it is to a USC) and adjusting from that would have more chances of success.