Does 245(k) apply - NEEDING HELP!!!!

M

marmoren

Registered Users (C)
I am a H-1 holder with now a current PD to file I-485, and with this problem...

My husband, all this time (for the past 6 years) has been on a H-4 visa, but previous to that he had a J-2, and a work permit, along with a social security number. After searching tiredlessly for a sponsor so he could have another H-1B, he went ahead and worked without authorization with his social security number and filed taxes (we wanted no IRS problems) for several years until March of this year, when we left the country on vacation, and reentered the on H-4 and H-1, respectively.

My attorney has not given me a clear answer so we can file and be safe that everything will be OK for us. We don't want to jeopardize my husband's immigration history by disclosing all this information. Or should we? My attorney isn't sure either whether 245(k) applies or not, based on the fact that when we reentered the country (March 18) he was no longer working, or hasn't worked since.

I am going crazy. We have waited for ever for the PD, and if it doesn't work for both of us, then, it is not worth filing.

I found this archived thread, but still not sure:
http://www.immigrationportal.com/archive/index.php/t-229288.html

Thanks to all, and good luck with all your cases.
 
marmoren said:
My attorney has not given me a clear answer so we can file and be safe that everything will be OK for us. We don't want to jeopardize my husband's immigration history by disclosing all this information. Or should we? My attorney isn't sure either whether 245(k) applies or not, based on the fact that when we reentered the country (March 18) he was no longer working, or hasn't worked since.
Click to expand...

245k covers illegal employment since the last entry and the filing of the adjustment, because the prohibitions against filing an adjustment only apply if one has worked since the last entry to the US. Since your husband left the US and re-entered, he is eligible to adjust status without penalty, or requiring 245k relief.

It is critical that your husband disclose this illegal employment. It cannot hurt him, but not disclosing it certainly will if it comes to USCIS' attention.
 
Replying

This sounds very positive. Thanks RealCanadian. Now, does it matter how long he's been in the country since our last re-entry. It's been about 70 days.
 
Thank you!

I'll share this extra information with my attorneys. I know they are looking into my case.
I see myself back to gathering all my documents to file the I-485 for me and my husband.
I was picturing myself being shipped home!
 
extra question

RealCanadian,

Does it matter how long my husband worked for before his last re-entry? He worked several years.


Thanks!
 
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