Under the table work

[Teddy B 17,251]

My friend is engaged to a guy who has been here since 2012 and has been working under the table. I know all about AOS, as my husband and I have been through the process and he is now a citizen. However, I don't have experience on how to handle this. What needs to be done in this situation?

Illegal employment and overstay are forgiven if your friend is married to a US citizen and applying to adjust status. The right thing to do would be to pay back taxes, but that won't affect the AOS process.

This type of thread brings me such happiness.

A simple question is asked....thoughtful answers are given....but there is that one relentless voice in the wilderness that brings a smile to my face.

I can now enjoy the rest of my day. Thank you once again VJ.

VJ is the gift that keeps on giving my friend.

[Rc123rc 528]

The original message is a little unclear so not sure. Friend "Fiance" is in US since 2012 and working under the table. I think you meant to say that you are very familiar with the AOS process so no advice needed. Only about the under the table work. My thinking would be as follows:

First of all.They need to be honest. Chances are, at this point, any caught lies will be dealt with severely.

1) File back taxes or get ready to explain why they don't need to file taxes. Get current with the IRS before moving forward. You can get a Tax ID (Not SSN). Beware that the IRS will or may attempt to contact the employer or people that he lists who paid him. All income must be reported whether legal or Illegal.

2) Report all jobs in a 5 year period under the table or not for G325-A. Be honest.

3) At some point, you need an SSN and EAD so can work legally.

[almost_umrican 53]

Over or under the table has nothing to do with immigration. As long as your friend can petition for him. They won't ask how he was feeding himself. They will ask him how he entered here and his status will be adjust by God grace.

BS, it is against the law to work like that and adjustment of status is not by god's grace. Do not mislead people.

[IcezMan_IcezLady 582]

Now the guy who employed him is going to get in trouble..Talk to an immigration attorney.

[IcezMan_IcezLady 582]

I think i understand promesse.

This scenario is like filing taxes on prostitution. OP's friend will go scout-free but the guy who employed him will be in trouble for trying to help him.

I am not supporting the employer's actions but it seems like he is going to suffer for this.

This should be a lesson to you all business owners on this site, never hire an illegal immigrant.

[Merrytooth 5,748]

I think i understand promesse.

This scenario is like filing taxes on prostitution. OP's friend will go scout-free but the guy who employed him will be in trouble for trying to help him.

I am not supporting the employer's actions but it seems like he is going to suffer for this.

This should be a lesson to you all business owners on this site, never hire an illegal immigrant.

USCIS is not so free to go after employers hiring illegals.

It is the job of ICE to check on the employers.

And IRS only interested in getting $$$ whether the work is legal or illegal.

[Rc123rc 528]

Now the guy who employed him is going to get in trouble..Talk to an immigration attorney.

Pretty much. The laws are pretty strict about reporting income from both an employer and employee standpoint. I think a post mentioned what an employer's obligation is. Even if he's just helping out a buddy with odd jobs and getting paid in cash requires reporting from both sides. What he doesn't want is the IRS estimating his income and giving him a huge tax bill with interest and penalties. He may need both an immigration and a tax lawyer. 2015 threshold for single tax filers was $10,300. If under that then he didn't need to file but he has to prove it.

[IcezMan_IcezLady 582]

USCIS is not so free to go after employers hiring illegals.

It is the job of ICE to check on the employers.

And IRS only interested in getting $$$ whether the work is legal or illegal.

I know.. I was referring to IRS. OP will be filing taxes on the income earned from his "illegal" employment and will have to list his employer.

[almost_umrican 53]

USCIS is not so free to go after employers hiring illegals.

It is the job of ICE to check on the employers.

And IRS only interested in getting $$$ whether the work is legal or illegal.

Right on

[IcezMan_IcezLady 582]

Pretty much. The laws are pretty strict about reporting income from both an employer and employee standpoint. I think a post mentioned what an employer's obligation is. Even if he's just helping out a buddy with odd jobs and getting paid in cash requires reporting from both sides. What he doesn't want is the IRS estimating his income and giving him a huge tax bill with interest and penalties. He may need both an immigration and a tax lawyer. 2015 threshold for single tax filers was $10,300. If under that then he didn't need to file but he has to prove it.

I think we can agree that they both broke the law by he getting a job and getting hired so the other laws broke are ripple effect. I doubt the employer reported his income and paid SS and medicare taxes on his behalf..can of worms

But i understand your point.

[newacct 688]

BS, it is against the law to work like that and adjustment of status is not by god's grace. Do not mislead people.

It is not "BS" or "misleading". The poster never said it wasn't illegal to work. What they said is 100% correct according to the law if the petitioner is a US citizen. Illegal work is not relevant to the case.

Edited June 2, 2016 by newacct

[Hope and Hope 0]

It is not "BS" or "misleading". The poster never said it wasn't illegal to work. What they said is 100% correct according to the law if the petitioner is a US citizen. Illegal work is not relevant to the case.

Read over again. She said the guy have a SSN with the mention "not for work"

It is illegal to work then with this documentation unless the guy got a TIN.

[newacct 688]

Read over again. She said the guy have a SSN with the mention "not for work"

It is illegal to work then with this documentation unless the guy got a TIN.

The post you quoted did not say anything about SSN or the legality of working. (Also, ITIN is only for people who are not authorized to work.)

[Unidentified 2,930]

Read over again. She said the guy have a SSN with the mention "not for work"

It is illegal to work then with this documentation unless the guy got a TIN.

TIN doesn't give you permission to work.

[Umka36 781]

Read over again. She said the guy have a SSN with the mention "not for work"

It is illegal to work then with this documentation unless the guy got a TIN.

That's why such work is call under the table. Neither the employer or employee was reporting the income to the IRS. Employers doing this typically don't care about verifying if the person they hire are legally able to work, or they are provided fraudulent documents. In a majority of cases, illegal work is forgiven for immediate relatives. Folks that do get into trouble are the ones who claim they are US citizen.