FI student!!!! i need help

T

tamia_beloved

Registered Users (C)
ok i am an Fi student, when i just got into the US i worked illegally for about 2 weeks i didn't know i wasn't supposed to, i haven't worked since then (this was about 3 years ago) currently i am out of status and i am about to go for my AOS interview, my mom is now a US citizen. will i have any complications at the interview? what kind of questions will the officer ask me? i am so nervous!!!!!!!!!!!!!! please help
 
Its unlikely that you would be out of status if you are just about to go to I-485 interview, however it is possible you could have been out of status before you filed I-485. For the duration of the AOS adjudication, you are considered to be in "adjustee" status.
 
tamia_beloved said:
ok i am an Fi student, when i just got into the US i worked illegally for about 2 weeks i didn't know i wasn't supposed to
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Oh, F-1, I see. I still remember when I arrived on F-1, too. I'd have to agree ... the numerous leaflets about your rights and responsibilities in F-1 status at the school's international office, the school's information sessions for international students, and the bold letters on your social security card stating "valid for work only with INS authorization" are all pretty easy to miss ... ;)
 
you will be forgiven, but if askedtell them you did work for two weeks and that after you realized that you did quit the job. that should take care of it.
 
The argument that you have a presumption that you're authorized to work and didn't know better to me sounds not much better than not knowing you have to have a driver's license to drive or that you need to file a tax return if you have taxable income. Don't get me wrong tamia_beloved, I give you the benefit of the doubt, but I don't think it's a good argument to make.

To be fair, when I stepped out of the plane I also didn't have a clue that I wasn't authorized to work, but neither did I care or intend to, and spent the first couple of weeks familiarizing myself with all aspects of F-1 status including employment issues before doing anything other than what I knew I was supposed to do, which was to study.

Actually, I don't blame you as much as the employer who takes advantage of lack of knowledge of immigrants about immigration laws and gives them illegal employment that later can cause the immigrant problems. I wish them to go out of business if they haven't already done so.
 
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True. Does the AO have any discretionary powers with regards to such a case then?
 
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Triple Citizen said:
True. Does the AO have any discetionary powers with regards to such a case then?
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Not to my knowledge. Sections 245a and 245b clearly state the requirements for being able to adjust status, and prevent anyone who did not enter legally, fell out of status or worked illegally from adjusting. Part of Section 245c (I believe, I may have the subsections wrong) exempts immediate relatives from the out of status/illegal employment prohibition, Section 245k exempts EB beneficiaries from being out of status or illegally employed if it was 180 days or less, and then 245i exempts folks with a PD of 4/30/2001 or before who file the I-485A and pay the fine.

If the AOs had the discretion to waive the bars in without an approved I-601 waiver petition, they would do so and we don't need 245i at all. Unfortunately, the INA to my knowledge has statutory language as to how the waivers can be obtained, and the AOs cannot ignore that either.

Being a nation of laws versus men cuts both ways, but overall it is a good thing.
 
TheRealCanadian said:
Not to my knowledge. Sections 245a and 245b clearly state the requirements for being able to adjust status, and prevent anyone who did not enter legally, fell out of status or worked illegally from adjusting. Part of Section 245c (I believe, I may have the subsections wrong) exempts immediate relatives from the out of status/illegal employment prohibition, Section 245k exempts EB beneficiaries from being out of status or illegally employed if it was 180 days or less, and then 245i exempts folks with a PD of 4/30/2001 or before who file the I-485A and pay the fine.

If the AOs had the discretion to waive the bars in without an approved I-601 waiver petition, they would do so and we don't need 245i at all. Unfortunately, the INA to my knowledge has statutory language as to how the waivers can be obtained, and the AOs cannot ignore that either.

Being a nation of laws versus men cuts both ways, but overall it is a good thing.
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:) thanks for the heads up on this.
 
austriacus said:
tamia_beloved, were you under 21 when your mom filed the petition and before she naturalized?
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yes and i am still under 21! well my I -30 was approved after i fell out f status so i don't know if it's a big problem! as for the job it was for 2 weeks and i worked just weekends all together it was like 10 hours for the whole 2 weeks! anyway i am just nervous! i don't know if it's gonna be a problem! i'm scared i might be arrested i know its a little extreme but i'm still scared though!!!!!!!!!!!!!!!
 
tamia_beloved said:
well my I -30 was approved after i fell out f status so i don't know if it's a big problem!
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Being out of status or being employed illegally isn't a bar to I-130 approval. It is a bar to adjusting status, however, in an FB case unless you qualify for 245i.

as for the job it was for 2 weeks and i worked just weekends all together it was like 10 hours for the whole 2 weeks!
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Doesn't matter. Did you declare the income?

anyway i am just nervous! i don't know if it's gonna be a problem!
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It will.
 
Did you file for F-1 reinstatement and register for a full time course load again as soon as you discovered your status violation?
 
Does it make a difference in this case that the OP is an immediate relative, for purposes of unauthorized employment and status violation? Did you list your unauthorized employment in your I-485? Would it be advisable for her to go back and obtain LPR through CP instead? (Since it's an F-1 status violation and USCIS has not made a determination yet that she has accrued unlawful presence, she should not be subject to 3 and 10 year bars?)
 
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