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Unauthorized employment left off of paperwork

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Filed: AOS (pnd) Country: Australia
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We have our interview tomorrow. Per our former attorneys advice we did not put any employment history on g325 because it was unauthorized. What should we do if asked at the interview. Are we screwed? Will they know about the employment? My wife is currently not working and has not for about 9 months. Previous to that she worked off and on as an independent contractor.

Sorry our interview is Tuesday just seems like tomorrow

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Filed: Citizen (apr) Country: Australia
Timeline
We have our interview tomorrow. Per our former attorneys advice we did not put any employment history on g325 because it was unauthorized. What should we do if asked at the interview. Are we screwed? Will they know about the employment? My wife is currently not working and has not for about 9 months. Previous to that she worked off and on as an independent contractor.

Sorry our interview is Tuesday just seems like tomorrow

Your attorneys advice was very very bad. If USCIS knows that you lied (which they might or might not) you will get denied and then a lifetime ban for misrepresentation.

In the event you're approved this can STILL come back to bite you, even after naturalisation where they can revoke your citizenship (I believe there's a time limit on how long you need to be a citizen before they can't revoke it) because you wouldn't have obtained it had you not lied and again, deported with lifetime ban.

In my personal opinion you would be better off telling them that you realised the wrong G-325A had been sent by your lawyers and they had failed to mention your employment in the US. Submit one with the employment listed because illegal employment is forgiven for the spouse of a USC once AOS is approved. Someone else might disagree with this advice but I would prefer that to the concern that one day they would find out.

:time:

Edited by Vanessa&Tony
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Filed: Other Timeline

Agree with Vanessa&Toni 100%.

Working without authorization is a non-issue for AOS purposes, among other things because the Field Adjudicator's Manual says so. On contrast, lying, a.k.a. "misrepresentation" makes the foreigner inadmissible for life!

The advice your attorney gave you (if you could prove it) is grounds for disbarment. It's also very disturbing,

You need to correct this error during the AOS interview or the whole thing may explode in your face at any time, even years later. Follow Vanessa&Toni's advice on how to do this. Mistakes do happen, and luckily you have the chance to correct this.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Your attorneys advice was very very bad. If USCIS knows that you lied (which they might or might not) you will get denied and then a lifetime ban for misrepresentation.

In the event you're approved this can STILL come back to bite you, even after naturalisation where they can revoke your citizenship (I believe there's a time limit on how long you need to be a citizen before they can't revoke it) because you wouldn't have obtained it had you not lied and again, deported with lifetime ban.

In my personal opinion you would be better off telling them that you realised the wrong G-325A had been sent by your lawyers and they had failed to mention your employment in the US. Submit one with the employment listed because illegal employment is forgiven for the spouse of a USC once AOS is approved. Someone else might disagree with this advice but I would prefer that to the concern that one day they would find out.

:time:

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Filed: Other Country: Afghanistan
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During our interview the person asked about employment history and he also asked if any details were missing from the file. I think these are standard questions. When they come up I would follow Vanessa&Tony's advice.

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Filed: AOS (pnd) Country: Australia
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Thanks everyone as you can see I said former attorney... We fired him. It seemed to us at the time that he was doing more harm than good. I guess we were correct. I guess our next course of action is as advised. I am still a bit nervous about that. If we are forth coming at the interview will they be open minded about it? Should we wait for them to ask or tell them straight away?

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Filed: Citizen (apr) Country: Australia
Timeline
Thanks everyone as you can see I said former attorney... We fired him. It seemed to us at the time that he was doing more harm than good. I guess we were correct. I guess our next course of action is as advised. I am still a bit nervous about that. If we are forth coming at the interview will they be open minded about it? Should we wait for them to ask or tell them straight away?

I would tell them straight. As you've fired the attorney I would be honest about their incompetence in submitting form. Something along the lines of: "We realised that the attorney we used to work with filed the wrong G-325A. They didn't mention my employment in the US. I brought along the one they SHOULD have sent." Make sure they realise that YOU wanted to be honest. It would be one of the first things I would say when we went into the interview.. waiting for what feels like "the moment". I never went to an interview myself so I'm hoping there's a moment where they're looking through the forms, or asking you to confirm stuff, or answering questions.

It shouldn't make too much of a difference. The fact that YOU bring it up looks good, that you weren't trying to lie. They might give you a hard time about why you were working when you weren't supposed to but they CAN'T hold it against you so just be honest about it.

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Filed: AOS (pnd) Country: Australia
Timeline

Thanks for all your help...... Everything went smooth only asked one question to me which was what is your wife's birthday and the standard questions about espionage and so forth 5 min long including small talk then approved

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Filed: Citizen (apr) Country: Australia
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Thanks for all your help...... Everything went smooth only asked one question to me which was what is your wife's birthday and the standard questions about espionage and so forth 5 min long including small talk then approved

You gave them the new G-325A? What did they say? What did you say? It will be good to read in case someone else has the same issue..

and... CONGRATS!! :D

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  • 2 weeks later...

Thanks for all your help...... Everything went smooth only asked one question to me which was what is your wife's birthday and the standard questions about espionage and so forth 5 min long including small talk then approved

hi. was just wondering did you have to correct the "error" about you not disclosing the employments? I'm in the same dilemma and would be nice to know what you did. Thanks! looking forward to your response. :D

02/11/2011 => Day 00 => Package ( I-130, G-325a, I-485, I-693, I-894, I-765, G-1145) sent to Chicago lockbox
02/14/2011 => Day 03 => Package received and signed for in Chicago
02/18/2011 => Day 07 => Email and Text receipt notification
02/19/2011 => Day 08 => Cheques cashed - $1070 and $420
02/24/2011 => Day 13 => NOAs for I-130,I-485,I-765 received in the mail with notice date 02/18/11
03/11/2011 => Day 28 => Bio appointment letter received in the mail scheduled for 03/29/11
03/14/2011 => Day 31 => Biometrics early walk in done (orig schedule 3/29/11)
03/24/2011 => Day 41 => AP received in the mail with issue date 03/17/11
04/18/2011 => Day 66 => EAD card received in the mail
06/13/2011 => Day 122 => email,text & mail dated 06/09/11 for interview set on 07/19/11
07/19/2011 => Day 158 => AOS interview - APPROVED!!! got email/ text card production ordered
07/22/2011 => Day 161 => email/ text card production ordered (again) / got Welcome & approval notices in the mail
07/29/2011 => Day 168 => greencard in the mail! woohoo!!!
ROC
04/22/2013 => sent packet to CSC
04/23/2013 => received at CSC/ NOA1 receipt date

05/08/2013 => check cashed - $590

05/10/2013 => NOA1 in the mail

05/15/2013 => bio appt letter in the mail for 06/10/2013

05/24/2013 => early bio walk in

07/30/2013 => text/email card production ordered (7/29)

08/01/2013 => text/email card mailed thru USPS / ROC approval in the mail

08/03/2012 => 10 yr card in the mail

N-400

04/20/2014 => eligibility

04/21/2014 => N-400 packet mailed

04/23/2014 => delivered

04/26/2014 => check cashed

04/28/2014 => NOA notification text/email

04/30/2014 => NOA in the mail dated 04/25/2014

05/05/2014 => bio appt letter in the mail for 05/22/2014

05/15/2014 => bio appt (walk-in)

06/19/2014 => in line for interview

08/05/2014 => received yellow letter in the mail dated 07/31/2014

09/18/2014 => interview letter rcvd in the mail dated 09/15/2014 for 10/20/2014

10/20/2014 => passed interview!

10/24/2014 => online status changed to oath scheduling queue

10/31/2014 => received mail for oath schedule on 11/14/2014

11/14/2014 => oath taking ceremony at Ontario Convention Center... Officially a USC!!!

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Filed: Citizen (apr) Country: Australia
Timeline

How did it go? What did they ask? Change it okay?

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