I DID NOT REALIZE I WAS WORKING UNAUTHORIZED

[hmnguyen14 1]

Help,

 

My wife came here on a k-1 visa and we applied for her green card shortly after getting married in the US. A couple of months after that we got in a financial pickle and my wife decided to look for jobs. She had received an SSN after we got married and we thought that she could get a job with that while we waited for her EAD (been 200+days and still waiting for that) and her green card. Long story short she got a job at the chiropractic office and everything was fine for 6 months. Just last month I stumbled upon a rule stating she technically isn't allowed to work with her type of SSN. We are freaking out because we are near the end of the green card process and most likely have an interview coming up. She quit her job as soon as we realized what she was doing was unlawful, but I fear that she had the job for much too long and that her green card application could be denied. Is there anything I can do?

Edited February 19, 2019 by hmnguyen14
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[agrabs 241]

What did you think the EAD was for?  Her SS card should specifically state only valid with work permit. 

[hmnguyen14 1]

We assumed that her employer did a check to see if she was eligible. I am not a foreign citizen and my employer did, so we just thought it was standard for employers to do so.

 

[hmnguyen14 1]

It says "valid with DHS authorization" which since she got hired we assumed that she was authorized, because if she wasn't we thought the employer wouldve denied her application. We have since then learned otherwise. 

 

[Ben&Zian 4,398]

The employer clearly didn't know that that ment because my husband, both companies he got hired with while he had his EAD had great knowledge of it and made him show everything to verify he could work before they hired him.

 

Key thing is, just claiming "we didn't know" is not an acceptable answer when the whole point of the EAD card is, it's your work permit. Without it, you can't work. It is your responsibility to understand the process.

 

What will happen? Can't tell you, but come an interview disclose anything asked and be fully honest. Better to be honest and deal with the consequences than lie and have it bite you years down the road.

Edited February 19, 2019 by Ben&Zian

[agrabs 241]

2 hours ago, hmnguyen14 said:

It says "valid with DHS authorization" which since she got hired we assumed that she was authorized, because if she wasn't we thought the employer wouldve denied her application. We have since then learned otherwise. 

 

Not the employers fault.     USCIS has self check on it's site where you can put in your information to determine if you are eligible for employment, so if you weren't sure all you had to do was look it up on the USCIS website.  

https://www.e-verify.gov/mye-verify/self-check

 

If I were you, I would revisit the USCIS website to review what you can and can't do while processing AOS, and as an LPR, (ie, voting, claiming to be a US citizen, etc)  because saying you didn't know won't cut it.

[D&D_NYC 58]

6 hours ago, hmnguyen14 said:

It says "valid with DHS authorization" which since she got hired we assumed that she was authorized, because if she wasn't we thought the employer wouldve denied her application. We have since then learned otherwise. 

 

That DHS authorization would have been her EAD (I have a similar note on my SSN, but I came here on a TN, so my authorization was my I-94 with my company name on it which will eventually be superseded by my EAD).

 

The fact that she was hired just means that her employer didn't check if she was authorized (she would have needed to provide the documents to them if she was, at which point they would have known she didn't have work authorization), but when it comes to your AoS, this is on you. It's pretty clear from the get-go that you can't work during AoS without authorization, and it's surprising that it took this long to realize it.

 

All you can do is be truthful from hereon out. 

[little immigrant 801]

Technically unauthorized work of a spouse of a USC is forgiven. 

 

My husband voluntarily told the officer at the AOS interview that he worked while unauthorized and the officer didn't even mention anything. We were still approved. 

[hmnguyen14 1]

2 minutes ago, little immigrant said:

Technically unauthorized work of a spouse of a USC is forgiven. 

 

My husband voluntarily told the officer at the AOS interview that he worked while unauthorized and the officer didn't even mention anything. We were still approved. 

Talked to an attorney, and they told me just this! Great news as long as we're honest we have a very high chance of it not being a problem

 

 

[hmnguyen14 1]

7 hours ago, agrabs said:

Not the employers fault.     USCIS has self check on it's site where you can put in your information to determine if you are eligible for employment, so if you weren't sure all you had to do was look it up on the USCIS website.  

https://www.e-verify.gov/mye-verify/self-check

 

If I were you, I would revisit the USCIS website to review what you can and can't do while processing AOS, and as an LPR, (ie, voting, claiming to be a US citizen, etc)  because saying you didn't know won't cut it.

"Sorry, we are unable to give you access to the Self Check service at this time because the third party identity assurance service was unable to generate enough information about you in order to create a quiz to confirm your identity. The information you provided has not been checked against U.S. government databases for employment eligibility." 

 

When I try self check I get this

[little immigrant 801]

31 minutes ago, hmnguyen14 said:

"Sorry, we are unable to give you access to the Self Check service at this time because the third party identity assurance service was unable to generate enough information about you in order to create a quiz to confirm your identity. The information you provided has not been checked against U.S. government databases for employment eligibility." 

 

When I try self check I get this

Me too

[beloved_dingo 1,979]

43 minutes ago, hmnguyen14 said:

"Sorry, we are unable to give you access to the Self Check service at this time because the third party identity assurance service was unable to generate enough information about you in order to create a quiz to confirm your identity. The information you provided has not been checked against U.S. government databases for employment eligibility." 

 

When I try self check I get this

 

11 minutes ago, little immigrant said:

Me too

When I went to the site, it said Self Check is down for maintenance.

[hmnguyen14 1]

my site is no longer down for maintenece, still getting error. Oh well...