Adjusting through US Citizen Spouse - want clarification on employment and overstay

S

Simon2011

Registered Users (C)
Hello all I am in the final stages of filing through my US citizen spouse and want to get clarification.

In 2002 when I lost my H-1B job lawyers suggested working with my legal social security card without any restrictions from my high school days in the mid 80’s and valid current driver’s license to work. They suggested this given that I was dating a US Citizen girl at that point and we thought we were going to get married soon and get my status adjusted. However, that relationship, nor another one after that did not work out till 2009 when I met my wife, led a group together in our church for about six months, then dated for about eight months and decided to get married given we were both in our 30’s and knew what we wanted.

Also, I got laid off in September of last year and with more jobs requiring Green cards, with us getting older, parents wanting to see us married before a long trip to India, we married after a two month engagement.

Here is what we need help on, to work my lawyers told me I could use my legitimate drivers license and social security card without restrictions and I used these two documents for my last two jobs, checking the box “An alien authorized to work,” and giving my Admission/i94#.

I am afraid during the adjustment of status process, someone could say that I “willfully” misrepresented a material fact because I came of an H-1 and should have known better to work without authorization. Do I need to get a lawyer. My wife and I have been in this country since age fourteen till now at thirty eight and thirty three respectively and here is where all our immediate family members are citizens and all our primary relationships and it would be very difficult if we have to leave.

Your thoughts and experiences will be much appreciated. Will go to the San Francisco Office. Paid taxes for all periods worked and filed jointly for 2010 as we got married before the end of the year.
 
Simon2011 said:
In 2002 when I lost my H-1B job lawyers suggested working with my legal social security card without any restrictions from my high school days in the mid 80’s and valid current driver’s license to work.
Click to expand...
So your lawyers told you to break the law and work illegally because your unrestricted SS card allowed you to get away with it. Interesting.

Also, I got laid off in September of last year and with more jobs requiring Green cards, with us getting older, parents wanting to see us married before a long trip to India, we married after a two month engagement.
Click to expand...

Did you travel to India? Or you referring to your parents traveling to India?

If you traveled to India or otherwise exited the US after overstaying your H1B by more than 180 days, that's big problems for you.
 
Thanks, referring to parents travelling to India, I have not left the country since going out of status.

Will such employment be forgiven, how should I address it during the interview and application process. Do I need an experienced lawyer?
 
Since you entered with a valid visa and are married to a US citizen, if you file for adjustment of status and remain in the US until the green card is approved, your unauthorized employment will be forgiven. Unpaid taxes won't be forgiven, but it appears you don't have that problem, assuming the employers withheld your taxes and you filed tax returns. You're just lucky those employers didn't use eVerify and ICE didn't fully audit or raid your employers.
 
Thanks Jack. I agree.

Are you saying that they won't even bring up working with my Social Security Card because I am married to an US citizen? If they bring it up, what should I say. Do I need to get a good lawyer in my case?
 
They probably won't bring it up, and if they do their concern would be if you used your own genuine SSN (i.e. not a bogus or stolen one), and/or if you paid taxes. From your story you're OK on both counts.
 
Thanks Jack!

With a good, proven lawyer, costing any where from $10 – 15k at least in the San Francisco area, thought I will post my remaining concerns to see if it is really worth spending that much from my 401k given that I was laid off last September and without unemployment benefits and prospect of a new job in this political climate without a Green Card being slim.

Just to cover all angles, are there any possibilities of civil charges given I used my unrestricted social security card and current driver's license, all genuine, based on what a few lawyer's advised and what seemed right and marking the box "Alien authorized to Work." I say this because the I9 form talks about charges and fines for misrepresentation, though I felt like I was not trying to misrepresent given everything I presented was true.

My concern initially when I sought advice was as is now as well, not to affect us adversely in the future when filing for citizenship as that is a strong possibility having spend most of my wife’s and my adult lives in the US starting at around age fourteen for both of us and both our parents and siblings being citizens of the United States. Also, I don’t want anything to affect our moral character determination which also is a criteria for getting the “Green Card” itself.

Furthermore, not sure the fact that we dated for only about ten months after knowing each other initially for about six months while leading a singles group in our Church together and getting married after only being engaged for two months has any bearing on our case or would demand a lawyer.

Our side of the story is, we were both older, in our 30’s and had dated before and wanted to move forward with each other even before my lay off, and with my lay off, the marriage would further strengthen our relationship in addition to a few other factors such as family’s availability for the wedding resulting in us having a short engagement.

Finally, as explained in my earlier post, I got into this situation working with my Social Security Card and Driver’s license because when I lost my H-1B job in 2002 and the visa expired in 2003, I was going on dates with a US citizen and we both liked each other and the possibility of marriage was imminent. However, as life played out, that relationship and another one after did not work out and it was not until late 2010 I and my now wife, both felt like we had found someone we wanted to spend the rest of our lives with and were ready to make that commitment.

If asked during the interview, I emphasize “if asked”, I want to be forthright with everything including putting the social security number issued to me and the one I used to work with on my i130 and i485 application, including the high tech jobs worked when I went out of status on the g325.

Given the nuances of our case, please suggest in your opinion(s) whether a “good and proven” lawyer is needed. Other than these nuances, I believe we have genuine proof of everything from the marriage certificate, joint tax return for last year, joint itinerary for our honeymoon, lease, bank accounts etc and this is the first marriage for both of us.

Last item to consider, on the G325a it asks for “Applicant’s last address outside the United States of more than 1 year,” and mine was Nigeria back in 1986 as my parent’s were teachers there though we were Indian citizens and I still am. I just mention this because of the fraud associated with Nigeria in the recent past and it bringing up any suspicion on my application although a background check will clear myself, my wife, and family include hopefully showing my status as an f-1 student from high school through college and h-1b till 2002 in the US. However, since this came up in my mind, I want to just ask in this post to see if this factor should contribute in my decision to get a good and proven lawyer.

Thanks again for everyone’s help!
 
You don't need a lawyer, except maybe for a one-time consultation to review your paperwork before you submit it. You didn't claim to be a US citizen for employment, you used your own SSN, you paid taxes, you entered the US legally and you're married to a US citizen. Reread post #4 and stop worrying. It's not going to affect your citizenship eligibility either. Hurry up and file the papers ASAP, because if you get arrested for your illegal status before they're filed, that's when you'll have big problems.
 
Went out of status from H1 around 2002, wondering if there is any benefit to applying for Travel Document as it is free if filed with 485?

I am aware of the ban of 10 years for more than 1 year overstay but I was wondering if there is any benefit to having this document in hand if the Green Card is approved but I have to wait for some time to get the physical Green Card in Hand or some other reason?
 
Simon2011 said:
Went out of status from H1 around 2002, wondering if there is any benefit to applying for Travel Document as it is free if filed with 485?
Click to expand...

It will be useless to you. Don't bother to apply for it. You shouldn't travel without a green card in your hand or at least an I-551 stamp in your passport.
 
Thanks. Additionally, my h-1 visa stamp is from 1998 and 485 asks for a copy of visa stamp if within last year, any benefit in providing this to prove legal entry with the front and back of old i94 and new i94 departure card supplied with h-1 renewal?
 
You should provide a copy of the visa that was used to enter the US at your last entry. It's not strictly necessary, as they are more concerned with the I-94, but providing a copy of the visa makes their job easier if they want to see it, so give it to them. The less work for them, the less the chance of delay with the processing.
 
Thanks! Do you see any issues with providing them with the front and back of original i94 card at entry and also the new i94 departure card provided with my h-1 renewal received based on petition by my new employer and received in the mail?
 
My lawyer advised me to include all non-blank passport pages since last entry to show maintenance of status since last entry. However, I am wondering what is the need of this other than my last visa stamp page, last entry page and front and back of i94 on entry and i94 from h-1 renewal within the country?

I ask as I have two acceptance stamps (went back the next day) from back in 1995, when I had gone to get an F-1 visa in Mexico, because I could come back into the country even if rejected due to NAFTA back then. However, I don't want to include it now if it is going to result in delay of my paperwork and questioning during the interview.

I was rejected the f-1 visa as during my studies my aunt had sponsored my family for an immigrant visa of which I was a beneficiary and I could not have dual intent on the f-1.
 
Concurrently filed 485 & 130, wondering if we can get more updates than provided by G-1145 E-notification of Application/Petition Acceptance?

I saw on the USCIS website this link for case updates:

https://egov.uscis.gov/cris/jsps/selectusertype.jsp

Can we sign up for this also if my wife, US Citizen, had filled out G1145? If so, can I as the beneficiary sign up for this additional updates?

Thanks,

Simon
 
Anybody who is a beneficiary or petitioner can register to view the case updates, as long as you have the receipt number (I-130, I-485, I-765 each get a separate receipt number).

Or you can check the status of each application type individually without registering, by going to https://egov.uscis.gov/cris/Dashboard.do

Have you gotten the receipt notices yet?
 
You must log in or register to reply here.
Top