work illegal without uscis authorization (245i)

[clay]

my wife petition for me in april 2001. 3 months ago we received a letter from uscis that the petition have been approved. which means i qualify under section 245i. at the begining we thought we have to wait for a visa # but we later found that since am here in the state i don't have to wait for that visa #, but i should rather go ahead and submit the following forms to the chicago lock box. G-325, I-485, I-485A, I-693, I-765 and form 864. am just about to do that. but a have a very BIG issue here and i hope people in this forum will help me out especially Philaug28. i have been reading all your post and it seem to me like we're both in the same boat. i manage to get a ss# and work without uscis authorization. life was really had for me and my family back home. i was the bread winner for the family and without my contribution it gonna be very hard for them to survive. i know it was a bad decision i guess i should'nt have made. on some of the forms they ask you to write your ss# if you have one. should i go ahead and write down the number or i should that space blank. i believed on form g-325, i-765, i-485 & 485a they asked for ss#. it also asked you on i-485 part 3 if you were inspected by an immigration officer. in my case i was inspected but with a friends passport. in this case what status did enter? visitor or enter without inspection? i am so confuse. hope guys who are in this situation can help me out.

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Family base GC (wife is a Green holder) in New York. in the bronx
i-130 filed in april 27th 2001
approved april 20th 2005
priority date april 30th 2001

geting ready to filed forms g-325. 864, i-485 & 485a. i-693 and -765

[philaug28]

let me explain you step by step what i did .


My wife is a GC holder and we live in NY . She filed the petition for me on april 27th 2001 like yours . my case has been approuve on april 15th 2005 and the priority date was april 30th 2001 which is current now . So you are qualify under 245(i) adjustment of status . You should go ahead and fill up the adjustment package (i-485 , i-485A, G-325A ,( plus penality 1000 dolars ) i-765 for employment authorization , please no i-131( advance parol for travel , you are not qualify for it) add i-693 (medical examination with imminization recaords ) and i-864 for affidavit of support (which i forgot to send and now delaying my application from final processing) . If your wife became a USC you do not need the 245(i) you could go ahead and fill everything without the i-485A ( since USC relative are forgiven for illegal presence or status violation ) but otherwise go ahead and send the whole package to the chicago lockbox with all the supporting document and fees . Yes one of the requierement for the 245(i) is to accept employment without authorization and the other one is to proove that you were present in The US on or before december 21 2000 .You could proove that with a single document port of entry i-94 with your entry date on or before dec 21 2000. We have exactely the same case and the same time frame for aour i-130 petition . You only need to send the package which makes almost 2 or 3 months after mine . If you have more question please feel free to ask . I hope it helps .

[cherr1980]

The checkbox of "...enter without inspection or I remained in the US past the expiration of the period of my lawful presence" is in the same line. I am not a lawyer but it can consider that you enter without inspection since you didn't use your passport. But that is why that and work without authorization you must submit the I-485 suplement A and pay the 1K fee for that.

A question...when your wife petition for you, which passport did you use to file the petition?

What you have to correct is that you can't continue using another's person passport (consider fraud) to apply for permanent resident. You must go to your Consulate so they can issue you a passport of your own. Supportive documents include copies of your passport.

Good luck,

[clay]

thank u so much for ur reply. i am a bit relieved now. i have been here since 1996. before we got married in april 2001 i went to my consulate and explain everything to him so they issue me a new passport in my name before i married. Philaug28 thank u so much, i really appreciate ur help. still on my issue am still worried as to declare my ss# or not. i discuss this with a friend of mine and his advise was that i have to tell uscis the truth, since i did'nt do anything bad, like dealing in drug, stealing or doing anything illegal if am lucky to meet a good uscis officer on my interview day it should'nt be a problem, since that the reason why they are penalizing me for $1000 dollas. because they will or can find if i've used any ss# before. because if after paying all this penalty $1000 for 485a, $385 for 485 & FP, 175 for EAD not forgeting i-693 without approving your case. it like adding salt into your injury. Philauge28 what are ur comment.

[philaug28]

Originally Posted by clay

thank u so much for ur reply. i am a bit relieved now. i have been here since 1996. before we got married in april 2001 i went to my consulate and explain everything to him so they issue me a new passport in my name before i married. Philaug28 thank u so much, i really appreciate ur help. still on my issue am still worried as to declare my ss# or not. i discuss this with a friend of mine and his advise was that i have to tell uscis the truth, since i did'nt do anything bad, like dealing in drug, stealing or doing anything illegal if am lucky to meet a good uscis officer on my interview day it should'nt be a problem, since that the reason why they are penalizing me for $1000 dollas. because they will or can find if i've used any ss# before. because if after paying all this penalty $1000 for 485a, $385 for 485 & FP, 175 for EAD not forgeting i-693 without approving your case. it like adding salt into your injury. Philauge28 what are ur comment.

It is not a problem declaring to uscis that you were working with a registered ssn under your name (but it has to be a real one registered in the Social security administration department " If it is the case gop ahead and fill up the docs including the SSN or if it was just a fake one just disregard it and place none in place . I hope it helps . You would be given the same number at the end if the SSN was registered .

Clay the reason why they are making you pay the 1000 dolar penality is because you were in a periode of illegal stay and the laws of adjustment of status 245(a) state clearely that an alian is eligible to adjust status in the USA if and only IF it is in a periode of stay authorized while filed the i-485 unless that said alian is married to a USC .But with the 245(i) it is a relief for spouse of GC holder that are residing in the united states on a period of stay not authorized or on a violation of the immigration laws . Therefore the 245(i) breaks the part of the 245(a) that requiered the conditions of legal status of a non immigrant before being qualified for adjustment of status in the united states . Do not worry , you would be forgiven the violation of the laws by paying the 1000 fee it is almost like the forgiveness that the spoose of the usc untitle but by paying a penality .

[familybased]

You should take some precautious steps before going to the interview. There are two potential problems that 245i might not cover you if you have been impersonating USC.
1. Use a fraudulent document to enter the United States. The 245i covers EWI, overstay and work without INS authorization, but it might not cover a fraudulent entry. If your friend becomes USC, you might trigger the violation of impersonating USC if INS request original passport. EWI and overstay that covers by 245i are different from misrepresenting documents to gain immigration benefit.
2. If you use your own SSN or a makeup SSN, you are ok. However, if you use a SSN that belongs to USC, again you might trigger the violation of impersonating USC.
You should definitely talk to a lawyer and find what your friend’s immigration status is.

[clay]

familybased & philaug28 thank you so much for that much needed advice.
the ss# is in my own name. i've never claim to be a USC so if that's a factor then i could say am not worried. familybased can u throw more light on my last question in my first post. it looks like i fall in EWI category. on form i-485 part 3 it asked you place of last entry, where you inspected by US immigration officer? in what status did you last enter. give your name how it appear on your i-94.familybased & philaug28 i will appreciate if u could take a look at form i-485 part 3 (processing informations) and tell me how best i could answer those four questions.

[familybased]

Most EWIs crossed the borders from Mexico or Canada. Sorry, I really do not know how to answer your questions about I-485. You need to talk to a lawyer to find out how serious it is to enter the U.S. with the fraudulent documents. You have to demonstrate the copies of I-94 and your non-immigration visa on your passport when you file I-485 to INS. If you tell them you entered from one of the port of entry at the airport, I am sure that they will ask you how you got in and what paper you presented to the INS officer at the time. Again, EWI IS NOT THE ENTER WITH FRAUDULENT DOCUMENTS so be careful before you sending out your form. GOOD LUCK

[philaug28]

Originally Posted by clay

familybased & philaug28 thank you so much for that much needed advice.
the ss# is in my own name. i've never claim to be a USC so if that's a factor then i could say am not worried. familybased can u throw more light on my last question in my first post. it looks like i fall in EWI category. on form i-485 part 3 it asked you place of last entry, where you inspected by US immigration officer? in what status did you last enter. give your name how it appear on your i-94.familybased & philaug28 i will appreciate if u could take a look at form i-485 part 3 (processing informations) and tell me how best i could answer those four questions.

You just need to say that you entered the US without inspection , do not bother telling them that you entered under your friend`s passport it would not resolve anything . Just state that you intered witout inspection ( 245(i) covers the illegality part of entered the US without inspection ) where they ask you for the i-94 say none . Place of last entry ( say where you came to the us . and for the status without inspection . That is the best way to qualify under the 245(i) but not sure about traveling under a false document ( it is concidered as criminal activity ) it won`t help you that much . But when you say without inspection it could be seen differently .

[Charity]

I have a similar case under 245i.I just recieve my noa for I-485 and I-175. I would like to ask philaug28 where did have your finger print/biometrics done?I live in the Bronx.

[Charity]

my correction with one of the form I-485 and I-765

[philaug28]

Originally Posted by Charity

I have a similar case under 245i.I just recieve my noa for I-485 and I-175. I would like to ask philaug28 where did have your finger print/biometrics done?I live in the Bronx.

I Had it done in Hempstead , NY ( long island ) , I live in L.I

[Lezzet]

I've searched this forum all night looking for the right thread and this is the closest I've found. The only difference is my dad filed my I130 before the April 30 2001 deadline.
I hope I'm not being rude by posting in your thread Clay; and Philaug28 if there is any information that can help I would greatly appreciate it.

Okay here's my story. I entered the US on visa ; I got an I-94# at port of entry and got a renewal but since then it has expired.
I also applied for a social security number which I never used it except for filling out forms.

When my dad filed the I130 he was a US Resident since then he has become a US citizen, we sent in an upgrade notice to the texas office and it was changed from US Resident to US Citizen filing for unmarried son or daughter.

About a week ago I got an aproved I130. Not sure what my next move should be for applying for adjustment of status.

What should I do next? Do need to hire a lawyer? Will I have to pay the $1000 fine?

[philaug28]

I you are maried and your father ( a us citizen ) filed a i-130 on your behalf i believe that you would have to check for your priority date with the state departement www.state.gov/travel for visas numer availability . I beleive once your priority date have been reached you would be qualify for adjustment of status .....

[Lezzet]

Originally Posted by philaug28

I you are maried and your father ( a us citizen ) filed a i-130 on your behalf i believe that you would have to check for your priority date with the state departement www.state.gov/travel for visas numer availability . I beleive once your priority date have been reached you would be qualify for adjustment of status .....

I'm not married . When my dad first filed the I-130 under section Unmarried child (age 21 or older) of US resident, 203 (a) (B) INA. Then after the upgrade it bacame Unmarried child ( age 21 or older) of U.S Citizen, 201 (a) (1) INA. This is where I'm at with an aproval notice.

[Charity]

you should go ahead and file forms I-485, I-765, I-864,medical and suppliment I-485A + 1,000K. you are an imidate relative for you dont have to wait for a visa number.

[Lezzet]

Originally Posted by Charity

you should go ahead and file forms I-485, I-765, I-864,medical and suppliment I-485A + 1,000K. you are an imidate relative for you dont have to wait for a visa number.

Thanks for this information.

Actually after I received the approval notice I was planning on filing forms I-485, I-765, I-864,medical and suppliment I-485A + 1,000K but someone else told me I needed to wait for my priority date to become current.

That's the confusing part should I wait for the visa number to become available or go ahead and file for AOS or does it matter? Would filing early incur me any problems of delays?

Another question since my Dad is my sponser do I need to live in the same state that he lives or can I live in a different state since I'm over 21 years old?

Right now they are working on April 22 2001.

[Charity]

since you are the son of a usc, the priority date is current so you dont have to wait, go ahead and file.Take a look at the visa bullitin they are at april 22,2001 and your priority date is something around the ending of april, so by the time you get the medical done and all the forms ready it should be fine.

[Lezzet]

Originally Posted by Charity

since you are the son of a usc, the priority date is current so you dont have to wait, go ahead and file.Take a look at the visa bullitin they are at april 22,2001 and your priority date is something around the ending of april, so by the time you get the medical done and all the forms ready it should be fine.

You have been very helpful Charity. I have another question.

Since my Dad is my sponser do I need to live in the same state that he lives (Florida) or can I live in a different state since I'm over 21 years old?

[Charity]

I dont think living in another state should matter, just my opinion though as long as you can prove where you have been living for the past five years everything should be ok.Just to be on the safe side contact an experience immigration attorney.

[Lezzet]

Originally Posted by Charity

I dont think living in another state should matter, just my opinion though as long as you can prove where you have been living for the past five years everything should be ok.Just to be on the safe side contact an experience immigration attorney.

Thanks for the information. So this is what I did. I called 1-800-375-5283 and the immigration officer who was very helpful told me that I can file an AOS in whatever state I want since I'm not married.

She also said that I must wait for my priority to become current before doing my AOS since I'm 28 yrs old and regardless that my father is a US citizen.
When my priority becomes current I will get some paper or papers in the mail explaining every thing I need to do.

This is where I'm at right now.

[lc_in_process]

Hi,

I have a similiar situration to yours. Here is my situation:

My parents filed for my GC in October 1997(I-130 Unmarried son of GC Holder). The case was approved with priority date of December 6, 1997. Afther that I came to US on H1-B visa. That is still valid. I got married and brought my wife on H-4 visa. Now they are US Citizen. When I called NVC they told me that I can upgrade the petition and file to adjust my status but my wife has to leave the country for four years and I have to file the GC for her once again.

From your info I believe there is some section 245(i) that allows her to stay legally in US. Do you know what is that section. Who qualifies uder that. I am in desperate need for more information on that. Me and my wife do have a valid visa status in US. Hence I dont thing I have to pay the 1k fine (Not that it matters.)

Thanks in advance. Please reply.

[laxdef14]

http://www.immihelp.com/gc/life245.html here's a link that might help. good luck.