Unauthorized employment left off of paperwork

[Fre4930 0]

We have our interview tomorrow. Per our former attorneys advice we did not put any employment history on g325 because it was unauthorized. What should we do if asked at the interview. Are we screwed? Will they know about the employment? My wife is currently not working and has not for about 9 months. Previous to that she worked off and on as an independent contractor.

Sorry our interview is Tuesday just seems like tomorrow

[VanessaTony 3,567]

We have our interview tomorrow. Per our former attorneys advice we did not put any employment history on g325 because it was unauthorized. What should we do if asked at the interview. Are we screwed? Will they know about the employment? My wife is currently not working and has not for about 9 months. Previous to that she worked off and on as an independent contractor.

Sorry our interview is Tuesday just seems like tomorrow

Your attorneys advice was very very bad. If USCIS knows that you lied (which they might or might not) you will get denied and then a lifetime ban for misrepresentation.

In the event you're approved this can STILL come back to bite you, even after naturalisation where they can revoke your citizenship (I believe there's a time limit on how long you need to be a citizen before they can't revoke it) because you wouldn't have obtained it had you not lied and again, deported with lifetime ban.

In my personal opinion you would be better off telling them that you realised the wrong G-325A had been sent by your lawyers and they had failed to mention your employment in the US. Submit one with the employment listed because illegal employment is forgiven for the spouse of a USC once AOS is approved. Someone else might disagree with this advice but I would prefer that to the concern that one day they would find out.

Edited February 19, 2011 by Vanessa&Tony

[Brother Hesekiel 2,236]

Agree with Vanessa&Toni 100%.

Working without authorization is a non-issue for AOS purposes, among other things because the Field Adjudicator's Manual says so. On contrast, lying, a.k.a. "misrepresentation" makes the foreigner inadmissible for life!

The advice your attorney gave you (if you could prove it) is grounds for disbarment. It's also very disturbing,

You need to correct this error during the AOS interview or the whole thing may explode in your face at any time, even years later. Follow Vanessa&Toni's advice on how to do this. Mistakes do happen, and luckily you have the chance to correct this.

Edited February 20, 2011 by Just Bob

[Anh map 2,098]

Your attorneys advice was very very bad. If USCIS knows that you lied (which they might or might not) you will get denied and then a lifetime ban for misrepresentation.

In the event you're approved this can STILL come back to bite you, even after naturalisation where they can revoke your citizenship (I believe there's a time limit on how long you need to be a citizen before they can't revoke it) because you wouldn't have obtained it had you not lied and again, deported with lifetime ban.

In my personal opinion you would be better off telling them that you realised the wrong G-325A had been sent by your lawyers and they had failed to mention your employment in the US. Submit one with the employment listed because illegal employment is forgiven for the spouse of a USC once AOS is approved. Someone else might disagree with this advice but I would prefer that to the concern that one day they would find out.

[Usui Takumi 1,562]

During our interview the person asked about employment history and he also asked if any details were missing from the file. I think these are standard questions. When they come up I would follow Vanessa&Tony's advice.

[Fre4930 0]

Thanks everyone as you can see I said former attorney... We fired him. It seemed to us at the time that he was doing more harm than good. I guess we were correct. I guess our next course of action is as advised. I am still a bit nervous about that. If we are forth coming at the interview will they be open minded about it? Should we wait for them to ask or tell them straight away?

[VanessaTony 3,567]

Thanks everyone as you can see I said former attorney... We fired him. It seemed to us at the time that he was doing more harm than good. I guess we were correct. I guess our next course of action is as advised. I am still a bit nervous about that. If we are forth coming at the interview will they be open minded about it? Should we wait for them to ask or tell them straight away?

I would tell them straight. As you've fired the attorney I would be honest about their incompetence in submitting form. Something along the lines of: "We realised that the attorney we used to work with filed the wrong G-325A. They didn't mention my employment in the US. I brought along the one they SHOULD have sent." Make sure they realise that YOU wanted to be honest. It would be one of the first things I would say when we went into the interview.. waiting for what feels like "the moment". I never went to an interview myself so I'm hoping there's a moment where they're looking through the forms, or asking you to confirm stuff, or answering questions.

It shouldn't make too much of a difference. The fact that YOU bring it up looks good, that you weren't trying to lie. They might give you a hard time about why you were working when you weren't supposed to but they CAN'T hold it against you so just be honest about it.

[Fre4930 0]

Thanks for all your help...... Everything went smooth only asked one question to me which was what is your wife's birthday and the standard questions about espionage and so forth 5 min long including small talk then approved

[VanessaTony 3,567]

Thanks for all your help...... Everything went smooth only asked one question to me which was what is your wife's birthday and the standard questions about espionage and so forth 5 min long including small talk then approved

You gave them the new G-325A? What did they say? What did you say? It will be good to read in case someone else has the same issue..

and... CONGRATS!!

[jemiee 0]

How did it go?

[phardream 0]

Thanks for all your help...... Everything went smooth only asked one question to me which was what is your wife's birthday and the standard questions about espionage and so forth 5 min long including small talk then approved

hi. was just wondering did you have to correct the "error" about you not disclosing the employments? I'm in the same dilemma and would be nice to know what you did. Thanks! looking forward to your response.

[VanessaTony 3,567]

How did it go? What did they ask? Change it okay?