I485 denied due to unauthorized work

[killadocg23 69]

Hi guys,

Just wondering if anybody has heard of some ones i485 being denied at the interview for unauthorized  work (when married to a USC)? Either recently or in the past?

[aleful 1,905]

Spoiler

 

only if they declared themselves to be a USC

 

this is the only example I've seen, there could be some other reason out there

 

usually having worked is forgiven, just like overstaying a visa, when married to a USC and having entered the country legally

 

 

 

 

[killadocg23 69]

10 minutes ago, aleful said:

  Reveal hidden contents

 

only if they declared themselves to be a USC

 

this is the only example I've seen, there could be some other reason out there

 

usually having worked is forgiven, just like overstaying a visa, when married to a USC and having entered the country legally

 

 

 

 

Gotcha but I meant straightforward . No claim to be a citizen, no use of anybody's social or anything.

[Going through 5,668]

As mentioned earlier, overstay and unauthorized work is forgiven for immediate relatives of USCs (spouses included).  If they claimed USC status, (whether working illegally OR legally) that can be used as a bar for Naturalization later on, however.

 

 

From USCIS's own policy manual used by adjudicators for AOS (bolded parts are important):

 

 

With certain exceptions, a foreign national is barred from adjusting status if:

 

•He or she continues in or accepts unauthorized employment prior to filing an application for adjustment of status;^[1] or

•He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application. ^[2] 

 

These bars apply not only to unauthorized employment since an applicant’s most recent entry but also to unauthorized employment during any previous periods of stay in the United States. ^[3] 

 

As previously discussed, the INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to: ^[4] 

 

•Immediate relatives;

•Violence Against Women Act (VAWA)-based applicants;

•Certain physicians and their accompanying spouse and children; ^[5] 

•Certain G-4 international organization employees, NATO-6 employees, and their family members; ^[6] 

•Special immigrant juveniles; ^[7] or

•Certain members of the U.S. armed forces and their accompanying spouse and children. ^[8] 

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html}

[killadocg23 69]

6 hours ago, Going through said:

As mentioned earlier, overstay and unauthorized work is forgiven for immediate relatives of USCs (spouses included).  If they claimed USC status, (whether working illegally OR legally) that can be used as a bar for Naturalization later on, however.

 

 

From USCIS's own policy manual used by adjudicators for AOS (bolded parts are important):

 

 

With certain exceptions, a foreign national is barred from adjusting status if:

 

•He or she continues in or accepts unauthorized employment prior to filing an application for adjustment of status;^[1] or

•He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application. ^[2] 

 

These bars apply not only to unauthorized employment since an applicant’s most recent entry but also to unauthorized employment during any previous periods of stay in the United States. ^[3] 

 

As previously discussed, the INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to: ^[4] 

 

•Immediate relatives;

•Violence Against Women Act (VAWA)-based applicants;

•Certain physicians and their accompanying spouse and children; ^[5] 

•Certain G-4 international organization employees, NATO-6 employees, and their family members; ^[6] 

•Special immigrant juveniles; ^[7] or

•Certain members of the U.S. armed forces and their accompanying spouse and children. ^[8] 

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html}

Hi thanks can you check your PM