interview in a month and 1 thing is bothering me

[jrseyshawn]

Hey everyone,

Just want to give you guys a short background on my situation... Well all started when I came here to the US in 1990. I came here with my parents who are working for the UN. I was under a G-4 visa (if I’m not mistaken) and I changed my visa to an F-1 student visa in 1998 while I was in college. My student visa expired in 2000 and my OPT expired a year after. During my OPT time I was working for a good company and I stayed on without mentioning anything even after my OPT expired. In 2003 I moved to a diff company but I was able to work without any work authorization because I was able to present 2 forms of ID. My social security card does not have anything on it stating that I can’t work.

Anyway I met my wife ONLINE in March of 2005. In December of 2005 we moved in together and got married in June of this year. The June wedding was a civil ceremony and we plan on having a formal/religious wedding in March of next year. In August (receipt date Aug 29) we filed for the I-130, I-485 and the I-765 with the help of a lawyer. On Sep 14th I had my Biometrics and probably the third week of October we received our interview date of December 13th. I’m still waiting for my work auth card because I need to get my license which expired a week ago renewed. I signed up online but I have still not received any update e-mail even though the “last update date” on the website states 11/9/06. I hope this update is the fact that they mailed me the card.

Well this is my dilemma. The marriage is totally legitimate. Love my wife and all that mushy stuff. When I was filling out my application with the lawyer she only put 1 year of job experience, which was during my OPT period (5 years ago). My question is; what I tell the interviewer if he/she asks me if I work. I will feel like cra* if I lie because at this point in my career I make a more than healthy living and common sense would tell the officer how a grown man of 32 yrs does not do anything for a living for the last 5 odd yrs. If not I’m not sure if any of my employment history will come up anytime during the USCIS process. If I do tell him I work the application says the opposite. So I’m between a rock and a hard place. I’m supposed to meet with the lawyer before the interview but I know there are some knowledgeable members and lawyers here so I would appreciate your opinion. I want to tell the truth and will telling the truth in this occasion diminish my chances of getting approved because I worked without authorization for the last five years? The only saving grace could be that I have always paid my taxes.

This is the only thing that has me on pins and needles about the interview.

Well I’m pretty sure that there are many people in the same boat and hope this question helps others as much as it will me.

Cheers

S

[Al Southner]

Originally Posted by jrseyshawn

Hey everyone,

Just want to give you guys a short background on my situation... Well all started when I came here to the US in 1990. I came here with my parents who are working for the UN. I was under a G-4 visa (if I’m not mistaken) and I changed my visa to an F-1 student visa in 1998 while I was in college. My student visa expired in 2000 and my OPT expired a year after. During my OPT time I was working for a good company and I stayed on without mentioning anything even after my OPT expired. In 2003 I moved to a diff company but I was able to work without any work authorization because I was able to present 2 forms of ID. My social security card does not have anything on it stating that I can’t work.

Anyway I met my wife ONLINE in March of 2005. In December of 2005 we moved in together and got married in June of this year. The June wedding was a civil ceremony and we plan on having a formal/religious wedding in March of next year. In August (receipt date Aug 29) we filed for the I-130, I-485 and the I-765 with the help of a lawyer. On Sep 14th I had my Biometrics and probably the third week of October we received our interview date of December 13th. I’m still waiting for my work auth card because I need to get my license which expired a week ago renewed. I signed up online but I have still not received any update e-mail even though the “last update date” on the website states 11/9/06. I hope this update is the fact that they mailed me the card.

Well this is my dilemma. The marriage is totally legitimate. Love my wife and all that mushy stuff. When I was filling out my application with the lawyer she only put 1 year of job experience, which was during my OPT period (5 years ago). My question is; what I tell the interviewer if he/she asks me if I work. I will feel like cra* if I lie because at this point in my career I make a more than healthy living and common sense would tell the officer how a grown man of 32 yrs does not do anything for a living for the last 5 odd yrs. If not I’m not sure if any of my employment history will come up anytime during the USCIS process. If I do tell him I work the application says the opposite. So I’m between a rock and a hard place. I’m supposed to meet with the lawyer before the interview but I know there are some knowledgeable members and lawyers here so I would appreciate your opinion. I want to tell the truth and will telling the truth in this occasion diminish my chances of getting approved because I worked without authorization for the last five years? The only saving grace could be that I have always paid my taxes.

This is the only thing that has me on pins and needles about the interview.

Well I’m pretty sure that there are many people in the same boat and hope this question helps others as much as it will me.

Cheers

S

Hi S,

Yes, when your parents work for the UN, a G4 visa is the visa which is issued to everyone. I wonder why you changed your visa to an F1!!! Did your parents stop working for the UN? I wonder, because your G4 visa is acceptable to most colleges, but has limitation on the jobs you can take, so this might have been a consideration on your part.

Congratulations on your marriage. Welcome to the married club. On the issue of your work experience, I wonder if you listed any places of employment of the last 5 years, which YOU ARE SUPPOSE TO, EVEN IF YOU WEREN'T SUPPOSE TO BE WORKING. What advise did your lawyer give you in regards to listing the last 5 years of employment? This is important.

Understand that your background check is going to reveal all these places of employment, your SS contribution, tax returns and credit reports. You mentioned that you paid all the taxes, which is a good thing: BUT how do you pay the tax without listing who is paying you??????? So, your lawyer gave you a WRONG advise, which you SHOULD have rejected on the spot. If I were you, will seek a new counsel, because this one might be a big lie. Remember this, you are the one who sign and attest to the accuracy and truthfulness of your applications, NOT YOUR LAWYER. So, USCIS will only toast and barbacue your soul in broad day light, and your lawyer will be sipping a strawberry shake, without any issues. KEY ISSUE: once you are married to an American citizen, all previous indescretion are forgiven, such as working without employment authorization, visa overstays and so on, with the exceptions of killing someone, having your way with 2 prostitutes . So, you needed to fully lists all places of employment for the last 5 years and all places of residence for the last 5 years.

Your case is very simple, IF YOU WERE honest in completing the forms, but your so-called LAWYER made is complex. Also, I am not sure what advise your lawyer is going to give you prior to the interview, but I'd be suspicious if a lawyer asked me to err on the side of not being honest to the core of my being, while dealing with the bureaucracy that has so much power as USCIS. Also, your sense of moral rightness comes into question, why would you listen to an advise which basically asks you to lie? I mean, lie is a lie, irrespective of who asks you to do it. You mentioned that you caught between a rock and a hard place, it is actually a bolder and sharp spear... each one is going to crash you.

My advise: withdraw all your petitions and refile with new forms, completed accurately and fully without leaving anything. USCIS is going to deny your petitions in anyway, because you lied in your submission. After your denial, you will be deported and barred 10 years. So, lying is not something which is forgiven, because "it is seeking to procure an immigrant benefit" through unjust means: lie. As for your lawyer, call the BAR in your area and confirm if he/she is indeed a lawyer and still registered to practice law. Moreover, check for public records at the BAR if there are any complaints against him or her.

[Glorya]

I would definitely call another lawyer and see what can be done.

[TheRealCanadian]

Originally Posted by Al Southner

USCIS is going to deny your petitions in anyway, because you lied in your submission. After your denial, you will be deported and barred 10 years. So, lying is not something which is forgiven, because "it is seeking to procure an immigrant benefit" through unjust means: lie.

Fraud to procure an immigration benefit does not result in a 10-year re-entry bar. Instead, it is a lifetime, non-waiverable bar.

[jrseyshawn]

Thanks guys,

Al... i don't think i will have an issue regarding the 2 prostitutes because it was one. LOL J/K

Ok back to my "dillema" actually i made a mistake earlier. it was the assistant(who does not work at the firm anymore) who filled out the application for me. so it was not the lawyer. I got worried after reading the responses here so i called her and got to speak to her. She said that I will need to be honest at the interview and it will not be an issue. she even said she will come to the interview free of charge since it was her assistants error (proved it by forwarding my saved e-mail regarding the emplyment conversation). usually a $700 charge for her to make a trip... did not know it could be so much.

anyway as far as the G4..both my parents still work for the UN and If I remember correctly the reason behind the changing of status was because there is an age limit as far as being on a G4 as child? i could be totally off base on this but if i recall correctly it had somthing to do with age for me switching my status from G4 to a F1.

As far as the lawyers background, she came in highly recomended and also serves a lot of immigration cases for the UN(my mom got her contatc from the UN HR office). so i stil have a lot of faith in her and i think if there is a chance that the f#$ up can cause problems she would advise me to re-file the case.

anyway thanks again for all the prompt responses. Please feel free to let me know if you guys disagree on my way of thinking.

Thanks again
S

[Al Southner]

Originally Posted by jrseyshawn

Thanks guys,

Al... i don't think i will have an issue regarding the 2 prostitutes because it was one. LOL J/K

Ok back to my "dillema" actually i made a mistake earlier. it was the assistant(who does not work at the firm anymore) who filled out the application for me. so it was not the lawyer. I got worried after reading the responses here so i called her and got to speak to her. She said that I will need to be honest at the interview and it will not be an issue. she even said she will come to the interview free of charge since it was her assistants error (proved it by forwarding my saved e-mail regarding the emplyment conversation). usually a $700 charge for her to make a trip... did not know it could be so much.

anyway as far as the G4..both my parents still work for the UN and If I remember correctly the reason behind the changing of status was because there is an age limit as far as being on a G4 as child? i could be totally off base on this but if i recall correctly it had somthing to do with age for me switching my status from G4 to a F1.

As far as the lawyers background, she came in highly recomended and also serves a lot of immigration cases for the UN(my mom got her contatc from the UN HR office). so i stil have a lot of faith in her and i think if there is a chance that the f#$ up can cause problems she would advise me to re-file the case.

anyway thanks again for all the prompt responses. Please feel free to let me know if you guys disagree on my way of thinking.

Thanks again
S

Listen, your attorney should write a letter and sign it, give it to you. Also, she is going to attend the interview, let her make a firm and written commitment to be present at the interview, because you don't to be caught in a swamp of allegators.

The fact that someone filed the form incorrectly doesn't absolve you the responsibility to ensure the accuracy and truthfulness of the forms. So, bringing someone to attest to the fact that these forms where filled incorrectly could be the last straw that killed George Allen's presidential dreams, in this case, your immigration benefit. If I were you, I will be extremely careful with lying and seeking to massage it. Unless you offer to correct the forms at the interview, which will force USCIS to conduct another background investigation and delay your greencard process.

Man... I wouldn't want to lie to USCIS, the consequences aren't cool...

[jrseyshawn]

Originally Posted by Al Southner

Listen, your attorney should write a letter and sign it, give it to you. Also, she is going to attend the interview, let her make a firm and written commitment to be present at the interview, because you don't to be caught in a swamp of allegators.

The fact that someone filed the form incorrectly doesn't absolve you the responsibility to ensure the accuracy and truthfulness of the forms. So, bringing someone to attest to the fact that these forms where filled incorrectly could be the last straw that killed George Allen's presidential dreams, in this case, your immigration benefit. If I were you, I will be extremely careful with lying and seeking to massage it. Unless you offer to correct the forms at the interview, which will force USCIS to conduct another background investigation and delay your greencard process.

Man... I wouldn't want to lie to USCIS, the consequences aren't cool...

Thanks again Al... i'll do that and no i definetly do not want to lie to anyone.... i'm looking in to refiling the 485 again.

[Glorya]

Call Chatolic Charities. They offer free advice over the phone. See if you can talk to immigration lawyer. Their number is on USCIS's website. Go to your field/district office and you will see a list of organizations that offer assistance. I would advise that you talk to a few experts and I would call immigration and see what they say. It may not be that serious but you never know. Better safe than sorry.