Need advice! F1 married to LPR waiting for F2A/AOS with some unauthorized work

[cocanicola 1]

Ok, I just checked my i94, it says Admit Until Date: D/S
 

[azblk 338]

8 minutes ago, ludoburazere said:

Ok, I just checked my i94, it says Admit Until Date: D/S
 

Good that opens up you options a lot.

[Coco8 1,039]

1 hour ago, ludoburazere said:

 However, while on F1, i worked on my ssn for about 2-3 months, which is what really concerns me now.

If you worked on campus, it is allowed. Did you work off campus, then?

 

36 minutes ago, azblk said:

That's where it gets technical. If you don't have D/S on your i-94, you  went out of status the day you accepted unauthorized employment even if the government may not be aware of it. So to calculate how long you have been here illegally they would start counting from that date.  On the other hand if you have D/S on i-94 then the count starts when they formally rule you out of status.

I'm not sure. If worked outside of campus without authorization it is a violation of the F1 visa and it could be terminated. OP is saying the work was "during" F1 status.

 

 

 

[azblk 338]

1 hour ago, Coco8 said:

 

 

I'm not sure. If worked outside of campus without authorization it is a violation of the F1 visa and it could be terminated. OP is saying the work was "during" F1 status.

 

 

 

Yes it can be terminated but until that happens you are in good standing. and for it to be terminated the following has to happen:

 

• An immigration judge finds in the course of exclusion, deportation or removal proceedings that a status violation has occurred, resulting in a termination of the alien's period of authorized stay; or
• USCIS determines in the course of adjudicating an application for an immigration benefit that there has been a status violation, resulting in a denial of the benefit.

Edited June 30, 2017 by azblk
clarity

[mcdull 474]

10 hours ago, ludoburazere said:

Ok, I just checked my i94, it says Admit Until Date: D/S
 

So when you apply for the job, provided your employer your SSN, did you claim that you are a US citizen?

[cocanicola 1]

Of course not.

[Coco8 1,039]

6 minutes ago, ludoburazere said:

Of course not.

So it wasn't on campus? 

 

The issue is that you may be asked you at the interview stage and you have to answer truthfully. And they could deny your F2 and put you a ban. I would not risk it. 

 

Work on campus. How long do you have left of your studies? Are you in a STEM?

 

[caliliving 606]

How long until your wife becomes a USC?? wait in the USA until she does and you will be able to AOS.. unauthorized work IS forgiven when you marry a USC! doesnt work for an LPR

 

also, did you check off the box claiming to be a USC? or did you just check you were a permanant resident or was it a 1099???

 

[cocanicola 1]

I have never ever claimed that I'm a citizen, I am aware of consequences of that. I think i checked legal alien or something. I regret now taking that employment but it happened when I was in very low esteem for not being able to work and provide for us. I didn't like being unproductive just sitting at home and on top of that having high expenses. Living here and not being allowed to work is not fun, I felt (and still do) that my hands are tied. I know that's not much of an excuse but it is my reason. We are now thinking what path to take, and will consult several lawyers first. I thank you all for your replies.

[Coco8 1,039]

6 minutes ago, ludoburazere said:

I have never ever claimed that I'm a citizen, I am aware of consequences of that. I think i checked legal alien or something. I regret now taking that employment but it happened when I was in very low esteem for not being able to work and provide for us. I didn't like being unproductive just sitting at home and on top of that having high expenses. Living here and not being allowed to work is not fun, I felt (and still do) that my hands are tied. I know that's not much of an excuse but it is my reason. We are now thinking what path to take, and will consult several lawyers first. I thank you all for your replies.

 

No problem. I think the best idea is to try to stay on F-1 and then do OPT. Once she becomes a citizen you can AOS. 

 

Would staying on F-1 be a possibility? I can give ideas if you want. I work at a university. You can work on campus if you want, but you need to maintain full time status.

 

 

 

 

[caliliving 606]

2 hours ago, cocanicola said:

I have never ever claimed that I'm a citizen, I am aware of consequences of that. I think i checked legal alien or something. I regret now taking that employment but it happened when I was in very low esteem for not being able to work and provide for us. I didn't like being unproductive just sitting at home and on top of that having high expenses. Living here and not being allowed to work is not fun, I felt (and still do) that my hands are tied. I know that's not much of an excuse but it is my reason. We are now thinking what path to take, and will consult several lawyers first. I thank you all for your replies.

totally understand! i worked unauthorized and checked that same box and it wasnt an issue at the interview.. at this point u need to hang tight until she is a usc and then apply.. u cant do anything while she is an LPR. 

[MaryLu19 10]

We are in a similar situation, have an I140 approved, husband with F1 with d/s on I94. He can not adjust here, because of unauthorized employment, however can do consular processing because he doesn't have unlawful presence. We saw 4 top attorneys and all said the same thing. As long as  an immigration judge or immigration officer hasn't terminate status you do not acquire unlawful presence, so you are not subject to the bar. We also filed a  FOIA request in order to get his file, and make sure there are no other ineligibilities, and to make sure his status wasn't terminated.

 

[cocanicola 1]

Yepp, after consulting a lawyer we decided we are going to go through consular processing too...

[Boiler 43,763]

Wow, the information on here may be a new VJ low.

 

Main issue is staying in status, seems Ok then adjusting in country.

[MaryLu19 10]

On 8/17/2017 at 3:21 PM, cocanicola said:

Yepp, after consulting a lawyer we decided we are going to go through consular processing too...

Best of luck!