Imformsation about employment

[Tonyscott 1]

Hi i overstayed my visa its been over 5 yrs but im married to a us citizen and filling for a green card in the area where it says info about employment in last 5 yrs what do i put because i dont have an authorization to work. I did work labour jobs here and there but not like it was a company or i was on payroll it was just off the book stuff

[geowrian 22,337]

You must list all employment for the past 5 years whether it was legal or not.

Unauthorized work is not a bar to AOS for the immediate relative of a US citizen.

Misrepresentation is a very serious immigration issue.

[florida racer 73 200]

Never, ever lie on a immigration form or to immigration officials, list everything

[Tonyscott 1]

@floridaracer73 i said i did work without authorization in the general inadmisdible area but the area where they ask about specifically company names and stuff i dont have that becuz its me standing at tge gas station with mexicans waiting for labour jobs like moving and offloading trucks it was day by day 

[geowrian 22,337]

If you don't have and cannot obtain any contact information, I would personally list it as self-employed and describe the nature of the work.

I'm honestly not sure if that's the "correct" answer, but it should be sufficient and avoids misrepresentation as you are listing it to the best of your ability.

[Tonyscott 1]

Thanks @geowrian

[florida racer 73 200]

3 hours ago, Tonyscott said:

@floridaracer73 i said i did work without authorization in the general inadmisdible area but the area where they ask about specifically company names and stuff i dont have that becuz its me standing at tge gas station with mexicans waiting for labour jobs like moving and offloading trucks it was day by day 

I understand that, but it was still work that you were paid money (compensated) for,

 what I was saying is do not omit anything, list the employment, even if you put ( day laborer) it does not really matter but do not omit the fact that you worked and were paid for it,

 you could put self employed but be aware you could be asked to provide how you are self employed, ex: proof of a sole propertiedship, llc or corp and then this would be a mis representation.

 

just be careful in how you word things because the results could be bad.

 

unfortunally, you are in a tight situation because you were working for money, did not report it to the government (pay taxes on it) and it was off the books work. The best thing you can do right now is just list the work as per diem day laborer and try to think of a truthful and convincing way to explain it

Edited July 8, 2018 by florida racer 73

[Teemo 252]

On 7/8/2018 at 12:18 PM, geowrian said:

You must list all employment for the past 5 years whether it was legal or not.

Unauthorized work is not a bar to AOS for the immediate relative of a US citizen.

Misrepresentation is a very serious immigration issue.

I left all employment info blank and received my EAD and AP.

 

My lawyer who does AOS cases all the time for the last 15+ years says he tells all clients they can do the same and none of them have ever had a problem.  You leapt to misrepresentation rather quickly IMO. 

Edited July 9, 2018 by Teemo

[geowrian 22,337]

3 minutes ago, Teemo said:

I left all employment info blank and received my EAD and AP.

 

My lawyer who does AOS cases all the time for the last 15+ years says he tells all clients they can do the same and none of them have ever had a problem.  You leapt to misrepresentation rather quickly IMO. 

If you worked, it must be listed or else it is a misrepresentation. It may not be deemed material to the application (I doubt it is) - and therefore not have a punishment associated with it - but one must always answer all questions truthfully and completely. One does not need to disclose something unless asked, but this is a situation where it is being asked.

[Teemo 252]

11 minutes ago, geowrian said:

If you worked, it must be listed or else it is a misrepresentation. It may not be deemed material to the application (I doubt it is) - and therefore not have a punishment associated with it - but one must always answer all questions truthfully and completely. One does not need to disclose something unless asked, but this is a situation where it is being asked.

Well, the fact that my lawyer has told thousands of people they didn't need to, and he has been correct, probably means that leaving it blank is not misrepresentation. If I misrepresented myself, I should not have received EAD/AP without any RFEs (and they obviously would presume that I have worked SOMEWHERE in the last 5 years). So I'm gonna have to disagree with you on this one (only 2nd time out of like 1,000 posts I've seen of yours! ) . Having said that, leaving it blank is obviously different than partially filling it in or picking and choosing what jobs to put in. So in conclusion I'd say leaving it blank is acceptable, and that's what I did. 

Edited July 9, 2018 by Teemo

[geowrian 22,337]

7 minutes ago, Teemo said:

Well, the fact that my lawyer has told thousands of people they didn't need to, and he has been correct, probably means that leaving it blank is not misrepresentation. If I misrepresented myself, I should not have received EAD/AP without any RFEs (and they obviously would presume that I have worked SOMEWHERE in the last 5 years). So I'm gonna have to disagree with you on this one. Having said that, leaving it blank is obviously different than partially filling it in or picking and choosing what jobs to put in. So in conclusion I'd say leaving it blank is acceptable, and that's what I did. 

The only correct answer is to provide the information requested. The form is signed under threat of perjury:

"I certify, under penalty of perjury, that all of the information in my application and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my application and that all of this information is complete, true, and correct."

 

That said, I don't doubt that leaving it blank will likely not be an issue for adjudication.

Misrepresentation is one thing. A material misrepresentation is a very different thing. If somebody asks me "What color are your eyes?" And I tell them yellow when they are really blue (when I know they are blue), that's a misrepresentation. However, it's not material to determining if I qualify for the benefit or not, and is not punished as such.

Edited July 9, 2018 by geowrian

[Teemo 252]

5 minutes ago, geowrian said:

The only correct answer is to provide the information requested. The form is signed under threat of perjury:

"I certify, under penalty of perjury, that all of the information in my application and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my application and that all of this information is complete, true, and correct."

 

That said, I don't doubt that leaving it blank will likely not be an issue for adjudication.

Misrepresentation is one thing. A material misrepresentation is a very different thing. If somebody asks me "What color are your eyes?" And I tell them yellow when they are really blue (when I know they are blue), that's a misrepresentation. However, it's not material to determining if I qualify for the benefit or not, and is not punished as such.

In practice, that signed certification does not preclude leaving the employment section blank. It is not misrepresentation, material or otherwise. If somebody asks you "what color are your eyes" and you don't respond, there is no misrepresentation. Then again, I am only referring to this one section because of the experiences of one lawyer's clients (and myself). If someone left the criminal record section blank, and they had a criminal record, then I would agree with you that this would be material representation. So only anecdotal experience makes this one section different in that it can be left blank with no consequences. 

 

I think we're basically on the same page with the conclusion anyway. Like I edited above, only the 2nd time in probably ~1,000 posts of yours I've seen that I've argued with you on

[geowrian 22,337]

I have to disagree based on the "complete" wording being signed. Unless marked optional, knowingly leaving something blank is not "complete".

That said, I do see your point about leaving it blank is different than telling a lie.

But yes, I don't think it really matters in the end.

[florida racer 73 200]

9 minutes ago, geowrian said:

I have to disagree based on the "complete" wording being signed. Unless marked optional, knowingly leaving something blank is not "complete".

That said, I do see your point about leaving it blank is different than telling a lie.

But yes, I don't think it really matters in the end.

An omission of a fact is still considered an untruth

 

it may or may not matter in the end.... but with the amount of time and expense involved in the immigration system, why take the chance.

 

im my opinion, how anyone can believe that an individual has been living somewhere for a given amount of time with no income would be suspicious and be a cause for questioning.

 

just my opinion 👍🏻

[Tonyscott 1]

@teemo so the area that says work in last 5 yrs you left blank right cuz that's what I did initially till I got confused when I asked cuz I cant clearly state that I worked @ a certain company. now the area at the back for he inadmissible part where it is a yes or no checkbox and it asks directly if you ever worked without authorization I checked yes is that correct?