Wil I get deported?

[Emillychen 3]

Hi everyone,

This is my first post, although I've been following this forum for a while.

I have a problem and need to ask around everyone here.

 

I'm a violin teacher (I have a Master Degree in Music) and my h1b will be up for 1 year extension next year (I got my h1b visa at 2013) and the school I was hired, asked me to wait when I asked them for greencard process, yes they just done one this year, so far my coworker was the first they ever sponsored for greencard.

Anyway, as a violin teacher in private after school academy, my salary is just okay and I have provide private lesson since 2013, now I have about 15 private students outside the academy and they all paid me cash.

But recently, my 3 former private students (i got into disagreement with their parents and we are no longer in speaking term now) and they were snooping around my background and found out that I'm not supposed to have side job.

I feel they will report me to USCIS and I did put my resume and my picture on thumbtack.com and has reviews there for the lesson I provide, and the website said I got hired 20 times there.

Do you think USCIS will get notice about it if someone did report me? Will they deport me right away? or just warning?

How long usually for them to notify me ?

I know I shouldn't do this but whats done is done, and I do have to make a living.

Please don't criticize me, I know I'm at fault and I really need an input here.

Thank you! 

[Baz20 42]

You said that they paid you in cash. I am not sure if USCIS will come after you or could use this against you if there is no proof of work/payment. 

[SusieQQQ 11,586]

3 hours ago, Emillychen said:

Hi everyone,

This is my first post, although I've been following this forum for a while.

I have a problem and need to ask around everyone here.

 

I'm a violin teacher (I have a Master Degree in Music) and my h1b will be up for 1 year extension next year (I got my h1b visa at 2013) and the school I was hired, asked me to wait when I asked them for greencard process, yes they just done one this year, so far my coworker was the first they ever sponsored for greencard.

Anyway, as a violin teacher in private after school academy, my salary is just okay and I have provide private lesson since 2013, now I have about 15 private students outside the academy and they all paid me cash.

But recently, my 3 former private students (i got into disagreement with their parents and we are no longer in speaking term now) and they were snooping around my background and found out that I'm not supposed to have side job.

I feel they will report me to USCIS and I did put my resume and my picture on thumbtack.com and has reviews there for the lesson I provide, and the website said I got hired 20 times there.

Do you think USCIS will get notice about it if someone did report me? Will they deport me right away? or just warning?

How long usually for them to notify me ?

I know I shouldn't do this but whats done is done, and I do have to make a living.

Please don't criticize me, I know I'm at fault and I really need an input here.

Thank you! 

There’s not much you can do about it now, however you should note that doing work you are not supposed to means that you have violated your status and as far as I know that makes you ineligible to adjust status to a permanent resident within the US. Out of interest, did you declare and pay tax on the income on your tax returns?

Edited October 18, 2018 by SusieQQQ

[aaron2020 11,651]

What's done is done.  

Choosing to violate the terms of your work visa and cheating on your taxes have consequences.

 

ICE don't give warnings.  No one can tell you what will happen to you.  You could slip under the radar or ICE can show up to arrest you.  

Will you honestly declare your illegal work on the green card application or are you planning on lying to get a green card?

[Emillychen 3]

Everything were paid by cash,  I never report/declare this income for the tax purpose.

The only record is the thumbtack and they may or may not screenshot everything if they really want to report me.

 

[Boiler 45,663]

Your H1b only allows you to work for your Employer, so yes it could be an issue.

 

The IRS aspect is unlikely to be an Immigration issue.

[Emillychen 3]

my question is, since i never reported my income, than will they ever know if i have a side job? 

i know they can look up online but there's no proof that i did actually receive money from it , i just hopping thats the case.

 

[Boiler 45,663]

5 hours ago, Emillychen said:

I feel they will report me to USCIS and I did put my resume and my picture on thumbtack.com and has reviews there for the lesson I provide, and the website said I got hired 20 times there.

This is what you said

[Emillychen 3]

will that be enough ?

thanks now i have input here and there.

[SusieQQQ 11,586]

10 minutes ago, Emillychen said:

my question is, since i never reported my income, than will they ever know if i have a side job? 

i know they can look up online but there's no proof that i did actually receive money from it , i just hopping thats the case.

 

So you worked illegally and hid income from the IRS and you want us to help you with that? Are you aware of the consequences of misrepresentation on an immigration application?

 

i thought H1B jobs were supposed to have some kind of minimum income that was supposed to be enough to live on by the way, so it’s confusing that you had to take other work to help you survive.

 

Edited October 19, 2018 by SusieQQQ

[Emillychen 3]

im not asking for help, im asking for advice, im not the only doing this, i know that for sure.

i aware that i'm not supposed to work beside what listed on my h1b, but the situation is not ideal for me and never in my mind, my students would ever report me.

 

like i said please don't judge me, because of this, im stopping any lesson at the moment and try to find replacement for all my private students.

it is not a pleasant experience for me.

 

and music teacher is not high salary as engineer and with the cost of living, any extra income is always welcomed, yes i know, im not supposed to.

thank you

[carmel34 3,639]

Your choices are pretty simple:

 

1.  Tell the truth on your H1B renewal application, that you worked outside your approved job and earned private lesson income.  In this case you will probably be denied and you will have to leave the country, but you might be able to try and come back in five or ten years depending on the policy.

 

2.  The alternative is to commit fraud by not including your outside income on your H1B application, and in this case you take on the BIG RISK of getting caught (especially if an unhappy parent reports you), and if that happens you also have to leave and will most likely never be able to return, even as a tourist, for misrepresentation.

 

Only you can decide what to do, but most VJ members, including me, will recommend option #1.

 

Good luck.

[geowrian 22,337]

You reap what you sow. Nothing you can do if they report you and USCIS chooses to follow up on that report. Thinking they wouldn't report you was not a wise decision.

Plenty of other people violate status. They have no bearing on your situation, though.

 

Lying on the I-485 about violating status is misrepresentation and cause for a denial. Also, any subsequently obtained benefits (such as a green card or even naturalization) could be revoked later if they don't catch it initially. It's not likely they will do so, but it will always be a chance somebody catches on even a decade or longer from now. It's also a permanent bar.

 

The only advice that would be in line with VJ's TOS would be to 1) stop violating status, and 2) tell the truth on the I-485. You may or may not still get in trouble with immigration.

The tax situation is not immigration-related, but that is another item where you reap what you sow. Get caught and you pay the penalties. The only legal option is to report the income.

[Emillychen 3]

Okay, i know, thats why im asking around.

I cant erase what I posted on thumbtack and i know it will be used against me.

 

im preparing myself, that why Im asking around to know what to expect.

 

i will try to follow the advice carmel34 (no.1) and will try to prepare everything now and finding replacement for my students both at academy and private.

 

i could expect soon in 7 days or months later, now it just matter of time when they decided to follow up.

thank you!

[geowrian 22,337]

Immigration makes no distinction between a regular job and one-off paid employment experiences. Both are work, even if it's not a "job", which is not authorized.

Read all questions literally and answer honestly. There is not a "little" violating status....it's black & white for USCIS - either you did or you didn't violate status.

 

Keep in mind it is against the VJ TOS to condone illegal immigration activities in any way, shape, or form.