Unauthorized employment and adjustment of status

[cowboys 0]

Hi Everyone,

I wanted to ask a question for a relative of mine. She is filing an I-485 to become a permanent resident through her mother. She has been in the US for the past 7 years as an F1 student. One question that I wanted to ask is that if she did work illegaly, (although part time) for just over 6 months before she got her OPT, is she going to have problems because form G-325A is asking for prior employment history. The illegal work falls within the last 5 years.

so my questions are as follows:

1. What is the process with which INS checks employment history? Do they check with IRS to access her employment record? If she simply does not include that period in the form, what will happen and how will they find out?

2. As a daughter of a citizen is she going to get pardoned for such a mistake? I heard in some cases like over staying visas, etc. the children of citizens will be forgiven. Would this be one of them?

3. And last but not least, would a lawyer really make a difference and can help her with this? If so, does anyone know a very good lawyer in the dallas/fort worth area?

I would greatly appreciate your help. We really are worried about all this.

Thanks again.

[athena_ny 1]

Hi Everyone,

I wanted to ask a question for a relative of mine. She is filing an I-485 to become a permanent resident through her mother. She has been in the US for the past 7 years as an F1 student. One question that I wanted to ask is that if she did work illegaly, (although part time) for just over 6 months before she got her OPT, is she going to have problems because form G-325A is asking for prior employment history. The illegal work falls within the last 5 years.

so my questions are as follows:

1. What is the process with which INS checks employment history? Do they check with IRS to access her employment record? If she simply does not include that period in the form, what will happen and how will they find out?

2. As a daughter of a citizen is she going to get pardoned for such a mistake? I heard in some cases like over staying visas, etc. the children of citizens will be forgiven. Would this be one of them?

3. And last but not least, would a lawyer really make a difference and can help her with this? If so, does anyone know a very good lawyer in the dallas/fort worth area?

I would greatly appreciate your help. We really are worried about all this.

Thanks again.

If she's over 21, I don't think it will be forgiven. Some offenses are forgiven, but for a child, they generally need to be under the age of 21 (and if she's been here for 7 years on an F1, I have a feeling she is over 21). If she were a spouse of a US citizen it would be automatically forgiven, but in her case I think she'd need a waiver, but not sure how you'd go about proving hardship to your family in this case. Maybe kitkat1 will come along and help.

If she lies about her employment, it's possible they won't find out. But, if she lies and at some point they do find out, the green card can be taken away and she can be deported for misrepresentation. Not a good idea to lie.

[Dr_LHA 3]

Yes, forgiveness of illegal work only applies to those defined by USCIS as "immediate relatives". Check the USCIS website to see if they are classified as such.

[motu 5]

I would suggest

1) Be truthful about the employment - hopefully she did file her taxes - even if she had 0 tax liability. If she didn't - she should file her tax returns now to at least establish that.

2) I may be completely wrong - but I do not believe she has anything to worry about unless the employment was illegal e.g. dealing drugs etc.

However, I am not sure about this and maybe someone with knowledge can post an answer. My feeling is they are more concerned about not filing taxes than working illegally (remember the employer is also liable in this case for hiring her without authorizing documents).

I had worked here illegally while on a student visa - And when I filed for immigration, I listed my jobs and attached my tax returns, no questions were asked about it. But this was many years ago.

Good Luck

[Dr_LHA 3]

Illegal/unauthorized work of any kind will be a problem if the green card applicant is not an immediate relative of a USC. Visa overstay is also cause for denial in that case.

[athena_ny 1]

I would suggest

1) Be truthful about the employment - hopefully she did file her taxes - even if she had 0 tax liability. If she didn't - she should file her tax returns now to at least establish that.

2) I may be completely wrong - but I do not believe she has anything to worry about unless the employment was illegal e.g. dealing drugs etc.

However, I am not sure about this and maybe someone with knowledge can post an answer. My feeling is they are more concerned about not filing taxes than working illegally (remember the employer is also liable in this case for hiring her without authorizing documents).

I had worked here illegally while on a student visa - And when I filed for immigration, I listed my jobs and attached my tax returns, no questions were asked about it. But this was many years ago.

Good Luck

My husband worked illegally and USCIS didn't care if he filed his taxes or not. It's forgiven if you are an immediate relative (as defined by USCIS) of a US citizen. If she is over 21, USCIS does not consider her an immediate relative for which illegal work can be forgiven, from what I can find. So yeah, it is a problem.

[cowboys 0]

thanks for all the input.

unfortunately she was just over 21 when she started working. She does not owe IRS anything because the max was taken out and had she filed, she would have gotten some tax return. but question is if you simply don't put that on the application, will they ever find out? does INS check with IRS to make sure she didn't work outside of her OPT time? from what I understand from all the immigration procedures you get in trouble if you tell the truth

thanks

[kim&james 0]

thanks for all the input.

unfortunately she was just over 21 when she started working. She does not owe IRS anything because the max was taken out and had she filed, she would have gotten some tax return. but question is if you simply don't put that on the application, will they ever find out? does INS check with IRS to make sure she didn't work outside of her OPT time? from what I understand from all the immigration procedures you get in trouble if you tell the truth

thanks

Getting caught out lying can be worse. Also there is no reason why she couldnt apply for a ITIN from the Tax dept and still file taxes.

[athena_ny 1]

thanks for all the input.

unfortunately she was just over 21 when she started working. She does not owe IRS anything because the max was taken out and had she filed, she would have gotten some tax return. but question is if you simply don't put that on the application, will they ever find out? does INS check with IRS to make sure she didn't work outside of her OPT time? from what I understand from all the immigration procedures you get in trouble if you tell the truth

thanks

Getting caught out lying can be worse. Also there is no reason why she couldnt apply for a ITIN from the Tax dept and still file taxes.

Getting caught lying WILL be worse. Misrepresentation is about as bad as it gets, before full out fraud.

Also, you only get 1 year of OPT time per education level - and OPT must end 14 months after studies are completed. So, she may be an overstay as well...and there's no lying about that one if she is in fact an overstay.

INS no longer exists, as well. It's USCIS.

No one on this site is going to condone misrepresentation and lying to the federal government. So no, lying is not a good idea, and it will result in deportation if found out...and I sure as hell hope she doesn't get away with it.

Edited August 29, 2007 by meow mix

[Gaby&Talbert 1]

I have yet to find a law against the worker unless they use false documents, everywhere people have posted with a quote of the laws it has been against the employer.

kitkat can correct me but I have searched and searched and cannot find anything that says it is a crime for the worker unless they used false documents. If they haven't paid taxes that is an IRS issue.

[athena_ny 1]

I have yet to find a law against the worker unless they use false documents, everywhere people have posted with a quote of the laws it has been against the employer.

kitkat can correct me but I have searched and searched and cannot find anything that says it is a crime for the worker unless they used false documents. If they haven't paid taxes that is an IRS issue.

It is a deportable offense if found out - and will make one inadmissable to the USA and is only forgiven for immediate relatives of USC, as defined by USCIS (meaning unmarried children over 21 wouldn't be forgiven).

[kitkat1 5]

I have yet to find a law against the worker unless they use false documents, everywhere people have posted with a quote of the laws it has been against the employer.

kitkat can correct me but I have searched and searched and cannot find anything that says it is a crime for the worker unless they used false documents. If they haven't paid taxes that is an IRS issue.

Working without authorization in the US is a crime whether documents are real or fake -- it's UNauthorized. It is overlooked in the cases of people married to US Citizens. This person is not married to a USC and has violated F1 visa regulations.

http://www.murthy.com/news/n_nscuna.html

Unauthorized Employment Can Prevent Approval of AOS

The law prohibits a person who accepts or continues in unauthorized employment prior to the filing of an I-485 from adjusting status to permanent residence. There are a variety of other rules and definitions, but the basic idea is that unauthorized employment generally prevents adjustment of status, unless there is an exception that applies.

Exceptions:

A) Immediate Relatives

Immediate relatives as defined in section 201(b or special immigrants described in section 101(a)(27) (H), (I), (J), or (K) of the Act who have at any time engaged in unauthorized employment or otherwise violated the terms of a nonimmigrant status continue to be eligible to adjust status under section 245(a) of the Act because of the explicit language to this effect in section 245©(2) of the Act.

[Dr_LHA 3]

I have yet to find a law against the worker unless they use false documents, everywhere people have posted with a quote of the laws it has been against the employer.

kitkat can correct me but I have searched and searched and cannot find anything that says it is a crime for the worker unless they used false documents. If they haven't paid taxes that is an IRS issue.

Whether it is actually illegal to work without authorization or not is not the issue. The fact is that as the person is not classified as an immediate relative of a US citizen by USCIS, then the un-authorized work means that they cannot file for AOS.

[LaL 418]

I have yet to find a law against the worker unless they use false documents, everywhere people have posted with a quote of the laws it has been against the employer.

kitkat can correct me but I have searched and searched and cannot find anything that says it is a crime for the worker unless they used false documents. If they haven't paid taxes that is an IRS issue.

Whether it is actually illegal to work without authorization or not is not the issue. The fact is that as the person is not classified as an immediate relative of a US citizen by USCIS, then the un-authorized work means that they cannot file for AOS.

well... they can, but the unauthorized work in this case may preclude them from an approval.

[Dr_LHA 3]

I have yet to find a law against the worker unless they use false documents, everywhere people have posted with a quote of the laws it has been against the employer.

kitkat can correct me but I have searched and searched and cannot find anything that says it is a crime for the worker unless they used false documents. If they haven't paid taxes that is an IRS issue.

Whether it is actually illegal to work without authorization or not is not the issue. The fact is that as the person is not classified as an immediate relative of a US citizen by USCIS, then the un-authorized work means that they cannot file for AOS.

well... they can, but the unauthorized work in this case may preclude them from an approval.

To quote kitkat's post:

The law prohibits a person who accepts or continues in unauthorized employment prior to the filing of an I-485 from adjusting status to permanent residence.

So yes, they can technically file the form, but it would be a futile exercise.

Anyway - the best advice in this case is to seek legal help.