Unauthorized employment and adjustment of status

[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.

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.

The OP's relative is planning on lying anyway I'd have advised a lawyer but didn't think the OP would heed such advice anyway.

Guh.

[kitkat1 5]

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.

If she simply does not include that period in the form, what will happen and how will they find out?

They'll find out because she is required by law to fill out the forms truthfully.

http://www.uscis.gov/files/form/g-325a.pdf

Penalties: Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact.

As meowmix said, if she lies and they find out, she'll be charged with misrepresentation which requires a waiver. But she doesn't have a qualifying US relative to qualify for a waiver. So she would be deported.

Enough said?

[motu 5]

Hey cowboys:

Many knowledgeable posters are stating that the illegal work will lead to a denial. In my case, I was over 21 when I first came to USA as a student. I worked illegally and when I filed for immigration based on relative (my sister petitioned for me) - I disclosed my work history (along with the tax returns) and nothing was asked. This was many years ago. I would suggest that you check with an immigration lawyer on how to proceed. In my opinion, lying (or omitting facts now) can come back to bite you later on - maybe later on the immigrant may want to go for citizenship and then run for senate or the presidency (maybe the laws will change by then). So my advice; explain to a competent immigration lawyer about the situation and proceed with caution. Good Luck

[Dr_LHA 3]

Hey cowboys:

Many knowledgeable posters are stating that the illegal work will lead to a denial. In my case, I was over 21 when I first came to USA as a student. I worked illegally and when I filed for immigration based on relative (my sister petitioned for me) - I disclosed my work history (along with the tax returns) and nothing was asked.

Well it is up to the adjudicator to enforce the law as they see fit. By the word of the INA you should not have been allowed to adjust status, however a lot of how the INA is applied comes down to the discretion of the officer in charge of your case.

[rebeccajo 14]

If the petitioner's mother has naturalized, that fits the immediate relative category.

[Dr_LHA 3]

If the petitioner's mother has naturalized, that fits the immediate relative category.

Only if they are under 21 and unmarried. Quoteth ye USCIS website:

Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21.

[rebeccajo 14]

Have a read here Doc and see what you think:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8dfe78bf2aff82c

Section 245.1

Then Section 201.b

Edited August 30, 2007 by rebeccajo

[athena_ny 1]

Have a read here Doc and see what you think:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8dfe78bf2aff82c

Section 245.1

Then Section 201.b

That reads differently, so it's unclear ... which still doesn't solve the whole 'planning to lie about it' scheme the OP has going on ... especially because no one can definitely say which it is.

[rebeccajo 14]

Well, I think it depends on how the adjustment is filed - under which category and if numerical limitations apply.

Insofar as lying - that's never cool. But it's especially stupid to lie if you are doing so to 'cover up' something which was not illegal in the first place.

[Gaby&Talbert 1]

Why aren't USC prosecuted for harboring illegal aliens if they marry someone the EWI or out of status? It does state that if know they are illegal and you harbor or transport them you are breaking the law? 274(iii)

Edited August 30, 2007 by Gaby&Talbert

[athena_ny 1]

Why aren't USC prosecuted for harboring illegal aliens if they marry someone the EWI or out of status? It does state that if know they are illegal and you harbor or transport them you are breaking the law? 274(iii)

And how do you prove you know they're out of status? I sure as hell didn't know anything about my husband being out of status until we got married. I knew he was here on a visa, but I didn't ask about his permission, etc etc. I loved him and it didn't matter.

This site is about marriage based immigration, not "only K1 and K3 immigration" - everyone here is trying to do things legally. Maybe they didn't before, but the present day is what matters.

And we wonder why people are so afraid to ask a damn question around here. People like you are creating such a hostile environment.

[cowboys 0]

I think there is just a double standard. Working illegally should prohibit everyone and anyone from getting the green card, or it should be forgiven for anyone who is applying through parents, spouse, work, etc. I know this is the law, but I don't get it.

one more question. if a child is under 21 while the I-130 was filed by the parent who had a green card at the time and now after 8 years she is of course over 21, would the petitioner now be considered as an under 21 child of a citizen, now that the parent has become a citizen or would she be considered an over 21 child of a citizen?

Thanks for all your help.

[athena_ny 1]

I think there is just a double standard. Working illegally should prohibit everyone and anyone from getting the green card, or it should be forgiven for anyone who is applying through parents, spouse, work, etc. I know this is the law, but I don't get it.

one more question. if a child is under 21 while the I-130 was filed by the parent who had a green card at the time and now after 8 years she is of course over 21, would the petitioner now be considered as an under 21 child of a citizen, now that the parent has become a citizen or would she be considered an over 21 child of a citizen?

Thanks for all your help.

I don't see it as a double standard at all. The govt feels my husband or my mom or an under 21 child has more of a right to be here and that those other people are secondary. You don't have to agree, but it's not really up for debate - as as rebeccajo said, it may be okay, there is varying verbiage on some of the USCIS documentation.

I would say over 21 child, especially since she would be 29 now - it's well known they've been denying children of K1s etc due to aging out - interview takes place shortly after turning 21 even though the application was in well before the birthday. Sometimes they are still approved, but we've seen a lot of denials for this lately. And that's when the green card application is in, not the petition - petition just gives you eligibility to apply, so I would say she'd probably be considered over 21 for immigration and all other purposes. Since you know...she is.

[Pitaya 2,576]

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