Approved petition and unauthorized employment history

[dodo2012 0]

Hello.

I have a question/concern and I am hopefull that you may provide your opinion.

Background info:

* I am a US Citizen

* I am married and I have petitioned for my husband (I-130) and the petition has been approved by the USCIS

* We have submitted all the necessary packages to the NVC and have been told by them that the case is closed and they will be scheduling an interview

* My husband left the US several years ago and hasn't been back

* When he left the country he was on F-1 international student visa studying in a university

* In the past, while on F-1 visa in the US, he has worked at several places WITHOUT WORK AUTHORIZATION, however he always paid taxes, filed tax returns etc

* The employment history goes back more than 10 years and so it is not on DS-230

* He has been able to exit and enter the US and receive new visas on several occasions during the period when he has worked without authorization

* He has never overstayed his visa time and has made sure that he always maintains his status (no out-of-status periods, not sure if employment without authorization is considered violation of student/visa status)

Pretty soon he will have an interview in his country and we are very concerned that he may have problems. I have read literature online and have got mixed opinions.

FYI, we are aware that if one has claimed to be a citizen on documents when he/she is not, will have a lifetime ban to enter the US. Thankfully, my husband has not done such thing. Moreover, we intend to be very honest and forthcoming about this issue if asked during the immigration process.

My quesiton is, since I am USC, will my husband be considered inadmissible to the US for certain period of time because of the past employment without authorization?

Are there any other complications that we can expect?

This issue is very urgent and we would be very thankful for any opinions. If you do have specific links related to the subject, please post.

Thank you all

Edited November 15, 2012 by dodo2012

[Mrs Sterling 5]

Hello.

I have a question/concern and I am hopefull that you may provide your opinion.

Background info:

* I am a US Citizen

* I am married and I have petitioned for my husband (I-130) and the petition has been approved by the USCIS

* We have submitted all the necessary packages to the NVC and have been told by them that the case is closed and they will be scheduling an interview

* My husband left the US in 2010 and hasn't been back

* When he left the country he was on F-1 international student visa studying in a university

* In the past, while on F-1 visa in the US, he has worked at several places WITHOUT WORK AUTHORIZATION, however he always paid taxes, filed tax returns etc

* The employment history goes back more than 10 years and so it is not on DS-230

* He has been able to exit and enter the US and receive new visas on several occasions during the period when he has worked without authorization

* He has never overstayed his visa time and has made sure that he always maintains his status (no out-of-status periods)

Pretty soon he will have an interview in his country and we are very concerned that he may have problems. I have read literature online and have got mixed opinions.

FYI, we are aware that if one has claimed to be a citizen on documents when he/she is not, will have a lifetime ban to enter the US. Thankfully, my husband has not done such thing. Moreover, we intend to be very honest and forthcoming about this issue if asked during the immigration process.

My quesiton is, since I am USC, will my husband be considered inadmissible to the US for certain period of time because of the past employment without authorization?

Are there any other complications that we can expect?

This issue is very urgent and we would be very thankful to receive opinions soon.

Thank you all

On what basis did he get the employment? When I was in the States on my student visa I could work on campus for 20 hours a week. If this is what he did it is completely legal. My SS card also said something along the lines of not for work purposes without EAD card but the 20hours/week on campus work was an exception so if that was the case youre all good.

[dodo2012 0]

On what basis did he get the employment? When I was in the States on my student visa I could work on campus for 20 hours a week. If this is what he did it is completely legal. My SS card also said something along the lines of not for work purposes without EAD card but the 20hours/week on campus work was an exception so if that was the case youre all good.

Thank you for the reply.

He did work outside of the campus. His SS card states "Not valid without INS authorization".

[Sarah Elle-Même 660]

Thank you for the reply.

He did work outside of the campus. His SS card states "Not valid without INS authorization".

It's curious that his employers didn't notice that he wasn't authorized to work but clearly they didn't go through the proper hiring procedures. I can't personally offer any advice about his work history except that honesty is the best policy! Good luck!

[rade2rising 205]

he does need to worry. this is case of less said the better but he should have a proper plan. speak with an attorney to know your options.

[Brother Hesekiel 2,236]

Working without authorization alone is not a deal breaker. What could be a deal breaker is if he didn't file his income taxes, as that's tax evasion, and what would be a deal breaker is if he used another person's SSN and/or identity as that would be identity theft and immigration suicide would be if he ever claimed to be a US citizen, i.e., on an I-9 form.