Possible grounds for denial?

[leona2025 0]

Yesterday we went to our case worker and we filled out all our forms and gave all our evidence for our 130 and 485. Everything is in order we were together 4 years before we got married and we've been married for 2 years. The whole time my husband has been working illegally. When he got laid off his current job he filed for unemployment and is now receiving unemployment. I'm wondering how this could effect out case and if we can be rejected because of it. Our case worker didn't ask about this and we were scared to ask. I am the american citizen and my husband is who I am sponsoring.

[Justine+David 218]

This could be a pretty sticky situation. Did your husband file taxes? Did he use a fake social security number?

[leona2025 0]

This could be a pretty sticky situation. Did your husband file taxes? Did he use a fake social security number?

Yes he filed his taxes and he h.as a legal social security number, but the card says not authorized to work.

[Justine+David 218]

What was his entry into the US? Was it on a visa? Did he enter as a refugee, entry without inspection, etc etc?

From my understanding, many folks are forgiven at the AOS interview for the working, if certain actions have been followed. I don't know all the logistics of it, but I'm sure someone will come along to give you better information. It is good news that he did file for taxes, however, and has a legal SSN, as long as it wasn't obtained fradulently.

Edited September 1, 2010 by Justine+David

[leona2025 0]

What was his entry into the US? Was it on a visa? Did he enter as a refugee, entry without inspection, etc etc?

From my understanding, many folks are forgiven at the AOS interview for the working, if certain actions have been followed. I don't know all the logistics of it, but I'm sure someone will come along to give you better information. It is good news that he did file for taxes, however, and has a legal SSN, as long as it wasn't obtained fradulently.

He entered the U.S. legally on a student visa. All his paperwork and inspection were legal. He overstayed the sudent visa. His ssn was also ontained legally.

[Darnell 8,478]

you might want to visit http://www.immigrate2us.net - as they cover a lot of the areas that you need guidance on.

Good Luck !

[JimVaPhuong 4,863]

Working without authorization is normally a disqualifier for adjustment of status, but it doesn't apply to an immediate relative of a US citizen. It has nothing to do with USCIS "forgiving" the fact that he worked without authorization. It doesn't apply to him BY LAW, so USCIS cannot use it as a reason to deny him.

Unemployment benefits are insurance which is primarily funded by employers, though lately states have been getting their funds replenished by the federal government. It's not a means tested benefit, so collecting these payments would not make him a public charge. Collecting unemployment benefits when the employee was working without authorization is illegal in some states, but it's a misdemeanor so it shouldn't be an inadmissible crime. If he's asked about it then he must tell the truth. While it's highly unlikely they would find him inadmissible because of it, they COULD find him inadmissible if he lies to them.

[MM+EV 0]

if you have been married for 2 years why did you wait this long?

[leona2025 0]

The reason I didn't apply for him earlier is that I was naive and didn't think it was important since he was able to work. I didn't know it was suc a big issue or anything about the process at all. If I had known I would have done it sooner.

[MM+EV 0]

The reason I didn't apply for him earlier is that I was naive and didn't think it was important since he was able to work. I didn't know it was suc a big issue or anything about the process at all. If I had known I would have done it sooner.

I see. but he knew he didn't have authorization to work!

If you are a U.S Citizen, and he has no criminal hx you should be fine.