HELP

[Shaj33 5]

Hi guys,can i be denied my green card if i overstayed my visa and was working with out authorization and not paying my taxes.

This is my situation ive been married for almost 10 years to a USC , back in 2004 when we got married my husband only had 2 years with his green card wich was result of his parent petitioning him not by marriage . We got married and waited for him to get his citizenship in that time we had a child .in the same year he got his citiship he was diagnost with kidney failure, he was the only one working because i didnt have no authorization to work and illegal in the overstayed my tourist visa.with his illness and having a child and lots of bills to pay i start working as housekeeper at a hotel where i make $8 per hour i dont work tru contractor agency who pays me with checks but dont take out any taxea so i have to pay it on my own,and ive failed to do so.my husband tho files his taxes because event tho he is sick he keeps on working and fighting to provide for us his family.we finally have get up the money to apply for my Aos but im really scared i get denied, has anyone been in a similar situation.should,i talk to a lawyer?btw i have been working since 2011 started at 8dls still making $8

[Shaj33 5]

Any advice??

[Ning 619]

Hi guys,can i be denied my green card if i overstayed my visa and was working with out authorization and not paying my taxes.

This is my situation ive been married for almost 10 years to a USC , back in 2004 when we got married my husband only had 2 years with his green card wich was result of his parent petitioning him not by marriage . We got married and waited for him to get his citizenship in that time we had a child .in the same year he got his citiship he was diagnost with kidney failure, he was the only one working because i didnt have no authorization to work and illegal in the overstayed my tourist visa.with his illness and having a child and lots of bills to pay i start working as housekeeper at a hotel where i make $8 per hour i dont work tru contractor agency who pays me with checks but dont take out any taxea so i have to pay it on my own,and ive failed to do so.my husband tho files his taxes because event tho he is sick he keeps on working and fighting to provide for us his family.we finally have get up the money to apply for my Aos but im really scared i get denied, has anyone been in a similar situation.should,i talk to a lawyer?btw i have been working since 2011 started at 8dls still making $8

I think you know you have committed serious crimes that may cause you to be denied a green card. I think in your case the only way to have any chance is to hire a good lawyer. Sending in the petition and fee along with the truths we see here would be a disaster if you attempted to do this by yourself.

[rylforever 18]

yes you could be denied and may just need to file a waiver in order to get your greencard. have you filed anything yet?

[Shaj33 5]

Got everything ready but haven't file yet.maybe i should get a lawyer.

Waiver??

[rylforever 18]

you may want to consult with an attorney, just make sure what ever you do, do not lie or hide the overstay.

[Shaj33 5]

No i wont.on my forms ive put that i work and my visa info with expiration date

[Shaj33 5]

What the waiver you mention earlier

[Boiler 45,651]

I see no need for a waiver.

The only issue I see is what type of Visa you entered with, most allow you to adjust.

The illegal work is not as issue for adjustment, you can not use your income to meet the Affidavit of Support requirement.

[Ontarkie 14,267]

~~Thread moved to Adjustment of Status from Work, Student, & Tourist Visas , from What Visa Do I Need - Family Based Immigration~~

~~Inappropriate post removed post constructively or do not post~~

[Shaj33 5]

I see no need for a waiver.

The only issue I see is what type of Visa you entered with, most allow you to adjust.

The illegal work is not as issue for adjustment, you can not use your income to meet the Affidavit of Support requirement.[/quote

Thanks so much for answering

I came in with a visitors Visa B1/B2

My husband alone with his income can meet the affidavit of support.

What about me not doing my taxes?

Hiw do i fix that,do tou know? Thanks again

[Boiler 45,651]

The Moderator has moved you post to the right forum and you will see a guide at the top.

No problem adjusting from a B.

Good then with your Husbands income you will not need a co sponsor.

Most people file jointly, so both incomes are taken into account. Obviously with your income it would be negligible anyway. Might want to talk to an Accountant about how to sort this out.,

[Harpa Timsah 13,258]

The working will not be a problem for AOS based on a marriage to a USC, but not paying taxes will. Sort out your back taxes. Tax evasion is a felony. Good luck.

[tob187 11]

That's not true you will not have to pay back taxes I was in the same boat 2 years ago and now I got the condition of my green card approve just 3 days ago only thing his your husband have to been a citizen over 3 years and further more you will not have no conditions on your green card because you would have been married for over 2 years if you need any help I will help you I did all the paper work my self

[averageguy6 22]

What Im hearing is that you had a tourist non-immigrant visa and you have overstayed that...

How can you adjust status from a tourist visa to a PR?

You are illegally present so you have no status at this time.

So you have illegal presence. I think you will need a 601a waiver for that.

You have to apply for an immigrant visa....

You have to do the I130 approved first, then you will get denied after NVC based upon you illegal presence, then you can file a waiver (which you will get if you do it right) ....luckily IF your only grounds of inadmissibility is the illegal presence, then you can file a 601a, so you can wait in the USA while the waiver is adjudicated. THEN when you waiver is approved you will need to return to your home country for an interview...if all goes well you will then get an immigrant visa and a green card.

And if your husband has no income you will need a co-sponsor of some sort to meet the income requirements...

You need a lawyer or you need to spend serious time educating yourself.