Family

Just because one can…doesn’t mean one should. Only IR ‘s are “forgiven”. …

https://www.grossmanyoung.com/blog/can-i-work-for-my-foreign-employer-while-physically-present-in-the-u-s/

This is a grey area of immigration law, but based on a review of relevant legal precedent and practice, we believe the best answer is “NO” because: 
Immigration laws require an employment-authorized status for any “employment” in the U.S.:The immigration regulations at 8 CFR 214.1(e) clearly state that a temporary visitor in the U.S. is prohibited from engaging in any employment “unless he has been accorded a nonimmigrant classification which authorizes employment” and that “[a]ny unauthorized employment by a nonimmigrant constitutes a failure to maintain status.” The question is whether remote work for a foreign employer constitutes employment under the immigration laws.  It is our opinion that it does.   The employer compliance provisions of the immigration laws apply to foreign employers with employees in the U.S.: Even though they are based in another country, foreign employers who employ foreign nationals (FN) who are physically present in the U.S. are subject to employer compliance laws as outlined by INA §274A. These employers cannot employ a FN who is in the U.S. without having a U.S. agent to act as their representative before U.S. immigration authorities. Immigration authorities can discipline the foreign employer via the U.S. agent for employing a FN who is working for them in the U.S. without work authorization.  It may violate U.S. tax law:Foreign nationals without work authorization are prohibited from earning “U.S. source income.” Income is of a U.S. source if the services provided in exchange for it occurred while the FN was physically present in the U.S. It doesn’t matter if the FN was paid by a foreign company via a foreign bank account or even if the income came from freelance self-employment. U.S. source income of any kind is subject to taxation by the U.S. federal government. Earning such income without U.S. work authorization means it will likely not be reported to the Internal Revenue Service (IRS) and therefore not taxed, ultimately violating U.S. tax law.  Further, paying people to work while physically present in the U.S. could create corporate income tax exposure for the foreign employer, since the employer would likely be deemed to be engaging in business in the U.S., resulting in a requirement that the foreign corporation allocate a portion of its worldwide income to the U.S. and pay U.S. corporate income tax. Since each case is different and fact-specific, we recommend you consult with a Grossman Young attorney if you have questions about your ability to work while you are in the U.S.  

Just because one can…doesn’t mean one should. Only IR ‘s are “forgiven”. …

https://www.grossmanyoung.com/blog/can-i-work-for-my-foreign-employer-while-physically-present-in-the-u-s/

This is a grey area of immigration law, but based on a review of relevant legal precedent and practice, we believe the best answer is “NO” because: 
Immigration laws require an employment-authorized status for any “employment” in the U.S.:The immigration regulations at 8 CFR 214.1(e) clearly state that a temporary visitor in the U.S. is prohibited from engaging in any employment “unless he has been accorded a nonimmigrant classification which authorizes employment” and that “[a]ny unauthorized employment by a nonimmigrant constitutes a failure to maintain status.” The question is whether remote work for a foreign employer constitutes employment under the immigration laws.  It is our opinion that it does.   The employer compliance provisions of the immigration laws apply to foreign employers with employees in the U.S.: Even though they are based in another country, foreign employers who employ foreign nationals (FN) who are physically present in the U.S. are subject to employer compliance laws as outlined by INA §274A. These employers cannot employ a FN who is in the U.S. without having a U.S. agent to act as their representative before U.S. immigration authorities. Immigration authorities can discipline the foreign employer via the U.S. agent for employing a FN who is working for them in the U.S. without work authorization.  It may violate U.S. tax law:Foreign nationals without work authorization are prohibited from earning “U.S. source income.” Income is of a U.S. source if the services provided in exchange for it occurred while the FN was physically present in the U.S. It doesn’t matter if the FN was paid by a foreign company via a foreign bank account or even if the income came from freelance self-employment. U.S. source income of any kind is subject to taxation by the U.S. federal government. Earning such income without U.S. work authorization means it will likely not be reported to the Internal Revenue Service (IRS) and therefore not taxed, ultimately violating U.S. tax law.  Further, paying people to work while physically present in the U.S. could create corporate income tax exposure for the foreign employer, since the employer would likely be deemed to be engaging in business in the U.S., resulting in a requirement that the foreign corporation allocate a portion of its worldwide income to the U.S. and pay U.S. corporate income tax. Since each case is different and fact-specific, we recommend you consult with a Grossman Young attorney if you have questions about your ability to work while you are in the U.S.  

Well a visa is used to enter the US so not something she needs as she is here.
 
She will need a I 130 and I 601a, the kids may not need a I 601a, how old are they.
 
She might also be smacked with child smuggling which needs a I 601, so details as usual matter.
 

I think we’re talking at cross purposes. Anybody with an EAD can of course work in the US. I was specifically responding to the above post that was talking about working remotely without an EAD. 

Not everything can be done online . ..send in request by mail
. 
Having a copy of such request and email of correspondence w relevant government entities ( US and Canadian) will give you the opportunity to get an extension of RFE if delays beyond your control . 
 
I get you are frustrated..but it’s misplaced . 
 
Worst case scenario, you reapply for N-400 when you have gathered docs .
Still less expensive than paying attorney to slam dunk on first try
 

Not everything can be done online . ..send in request by mail
. 
Having a copy of such request and email of correspondence w relevant government entities ( US and Canadian) will give you the opportunity to get an extension of RFE if delays beyond your control . 
 
I get you are frustrated..but it’s misplaced . 
 
Worst case scenario, you reapply for N-400 when you have gathered docs .
Still less expensive than paying attorney to slam dunk on first try
 

Well, get unstuck . The link clearly shows your relationship to the deceased qualifies. Print out the forms , include originals , read instructions carefully….usually a prepaid postage return envelope is required/
 
Hopefully , you get in a better mindset…toll up your sleeves and do the work. Process is not a waste of time , rather in place to insure some extraordinary benefits .

 
https://www.nyc.gov/site/doh/services/birth-death-records-birth.page

The following relations can request the birth certificate of a deceased person:
Spouse Domestic partner Parent (if the deceased was 18 or younger)  Child Sibling Niece/Nephew Aunt/Uncle Grandchild Grandniece/Grandnephew Great grandchild To request the certificate, submit:
A Birth Certificate Application (PDF) A Family Tree/Link to Decedent (PDF)
Other Languages:  Español | Русский | 繁體中文 | 简体中文 | Kreyòl ayisyen | 한국어 | বাংলা | Italiano | Polski | ײִדיש | العربية | Français | اردو If the person died in NYC, a copy of the death certificate or the death certificate number If the person died outside NYC, the original death certificate A check or money order payment of $15 for each copy of the certificate A legible copy of your valid, unexpired photo identification Orders can only be made by mail.

Link to a wealth of legalese vocabulary to support the statutory provisions of a conditional resident’s right to review of denial in court. 
This particular case , also quotes the “legal limbo” of a having a denial without an NTA. 
 
https://www.justice.gov/d9/2023-12/4069_0.pdf

Well, get unstuck . The link clearly shows your relationship to the deceased qualifies. Print out the forms , include originals , read instructions carefully….usually a prepaid postage return envelope is required/
 
Hopefully , you get in a better mindset…toll up your sleeves and do the work. Process is not a waste of time , rather in place to insure some extraordinary benefits .

 
https://www.nyc.gov/site/doh/services/birth-death-records-birth.page

The following relations can request the birth certificate of a deceased person:
Spouse Domestic partner Parent (if the deceased was 18 or younger)  Child Sibling Niece/Nephew Aunt/Uncle Grandchild Grandniece/Grandnephew Great grandchild To request the certificate, submit:
A Birth Certificate Application (PDF) A Family Tree/Link to Decedent (PDF)
Other Languages:  Español | Русский | 繁體中文 | 简体中文 | Kreyòl ayisyen | 한국어 | বাংলা | Italiano | Polski | ײִדיש | العربية | Français | اردو If the person died in NYC, a copy of the death certificate or the death certificate number If the person died outside NYC, the original death certificate A check or money order payment of $15 for each copy of the certificate A legible copy of your valid, unexpired photo identification Orders can only be made by mail.

I never said they were smart 🤣

You can obtain a copy of dad’s birth certificate without any issue. Just send in  your original birth cert , his original death certificate and follow instructions in link for NY.
 
Same applies to getting his Social Security Earnings Record ( will show no record found ) a DOS FOIA ( will show no US passports ) .
 
As his records from Canada , do a quick google search , though I am confident you will be able to get his marriage cert and other paper trails of his existence . Add that to details /letters from family , friends that pinpoint his life in Canada from childhood 
 
https://www.nyc.gov/site/doh/services/birth-death-records-birth.page

Link to a wealth of legalese vocabulary to support the statutory provisions of a conditional resident’s right to review of denial in court. 
This particular case , also quotes the “legal limbo” of a having a denial without an NTA. 
 
https://www.justice.gov/d9/2023-12/4069_0.pdf

Then absolutely fly there and  “walk” in. Be prepared for detention and stay on your talking points : trip was due to mom s surgery, you have strong ties to US and maintained your residence . ..and are asking to be paroled to attend removal before an immigration judge. 
 
Do not get drawn into marriage specifics with CBP. 

‘You can assume however, that USCIS did a fraud investigation and will need to prepare to defend the bonafides of marriage…later. Focus all your efforts at getting back in

‘Do the I-290 B if possible now…and carry a copy with you, as well as evidence of moms surgery .
 

When USCIS wants to kick the can down the road ( to EOIR) they do without constraint . Exhausting all administrative appeals is a positive in proving no abandonment and a powerful tool to get him out of detention, if CBP won’t parole him in.

In OPs case getting NTA sooner than later is a good thing .

It neutralizes the denial and restores I-751 until a new decision. 

Then absolutely fly there and  “walk” in. Be prepared for detention and stay on your talking points : trip was due to mom s surgery, you have strong ties to US and maintained your residence . ..and are asking to be paroled to attend removal before an immigration judge. 
 
Do not get drawn into marriage specifics with CBP. 

‘You can assume however, that USCIS did a fraud investigation and will need to prepare to defend the bonafides of marriage…later. Focus all your efforts at getting back in

‘Do the I-290 B if possible now…and carry a copy with you, as well as evidence of moms surgery .
 

@FamilyI'm in india and i still keep my US number, I think I could fly to Canada and use the land ro enter ba k to US since i want to go to Oregon,
I had a strong feeling she might have called or did something but I didn't know you can flag it until now, we had a Lot of issues in the marriage we both went to therapy and counseling for 18 months but marriage wasn't working.

What country are you in ? 
Can you fly to Canada or Mexico and then attempt crossing / walking into US at a land POE ?
 
Is there any reason to think you ex spouse flagged your case for fraud ? 
 

Hi @mindthegap thank you for your response,are you saying you did entered back to US with the valid stamping and the denied i751 but you applied a new i751 before you enter ? I attached my denied i751 for your reference, thanks to everyone who is responding.

outlines of an imperial presidency that would reshape America and its role in the world. To carry out a deportation operation designed to remove more than 11 million people from the country, Trump told me, he would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland. He would let red states monitor women’s pregnancies and prosecute those who violate abortion bans. He would, at his personal discretion, withhold funds appropriated by Congress, according to top advisers
 
https://time.com/6972021/donald-trump-2024-election-interview/

Do not call USCIS, nor talk to them . There is no lifeline or help they will  give you…personally I believe calling will hurt you.

I would be scrambling to prepare a barebones I-290 B and get it filed from the US ( by a friend or attorney) before getting on the plane….but let’s see what happens on Sunday .
 
There is no way they denied because they tracked down your departure of August 2023 ..upload a copy of redacted decision .
 
 

Thanks again, Family. I believe things are moving in a positive direction right now.

The stamp will still be valid until expiry.
Regardless of the scary denial letter, in law you remain a LPR until an immigration judge says otherwise (with a final order of removal) and you are entitled to a hearing with an immigration judge before that happens.
If you were denied last week it is highly unlikely an NTA has been issued already, and zero chance a hearing has been held in abstentia on that timescale. So you can relax..a bit. 
 
So, you are good to board and travel, and with a stamp you will have the customary slightly annoying but polite visit to secondary to verify your status once you land. 
I've done it myself many, many times with a stamp after denial... with the slight caveat that I've only travelled after refiling and having a new receipt number in the system.
I've never travelled after denial but before refiling. 
Now, in your situation, they should stamp you in as as normal (which would be stamped ARC or LPR), but what should happen, and what does happen may be different. Whether they do that or parole you in I'm honestly not sure. 
 
Please update us as as to what happens, as info for an entry under these circumstances is seriously lacking, and I can add it to my bible which will help many, many, others (including myself). 
 
 
 
You also need to go to the EOIR site HERE and stick your A# in and see if anything shows up. Please post back the results of this asap. 
 
 
Also, an I-751 denial has little to do with excess periods out of the US, and that is very odd if it was denied on that basis alone. That would be dealt with very differently. Can you post the exact wording of the denial letter (or a photo, redacted of course)?

Don’t do it. Adjustment is not possible , priority date not current as F 2 B or F 1 …and you will wreck your adult daughters visitor visa. 

Sometimes a little knowledge is a dangerous thing. 

Don’t do it. Adjustment is not possible , priority date not current as F 2 B or F 1 …and you will wreck your adult daughters visitor visa. 

Sometimes a little knowledge is a dangerous thing.