I'm a little surprised our attorney is unsure about this, but we live in Vermont and 601A waivers aren't commonly done up here.
My husband has been with the same employer for the last 15 years. He was 15yo when he came, spoke no English and so he of course has no idea what paperwork they had him fill out when he started working. It wouldn't surprise me if he didn't fill out an I9, but we don't know and he was hired through a 3rd party that did all his paperwork. His employer has never had him re-fill out an I9 at any point in the last 15 years.
He is looking to leave this job. I asked our attorney if him filling out an I9 at this time for a new employer, knowing that he would be forced to fill it out with false information, would potentially jeopardize his case once it reaches consular interview stage (we're well into the I-601A, receipt date was 2/10/20). I can't imagine it's an uncommon thing for most undocumented immigrants and therefore wouldn't be grounds for denial of a visa in and of itself, but I don't know. She is also unsure.
Anyone run into this in the interview stage (or anywhere else?) We have an otherwise flawless case, but my husband is hesitant to leave his current job because of this.