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AOS working with no work auth

J

jor

Registered Users (C)
Hi
I am a DV 2010 winner. Status is F1. I have been working part time without a work permit more than a year and even filed a tax return. My question is should i indicate that i have a job at present while filling out g-325a? I know i will be denied if i do so or they are gonna find out if i dont. anyone with such an experience?
thanks
 
i have this experience but i didn't know my results
i have paid for just answer .com

the first post
Dear June,



The G325A is an official legal document of the USCIS.



I advise that you not lie on the form, even by acts of ommission.



When they ask for employment

for the past 5 years, include ALL employment. Even the ones where you worked without authorization.



The USCIS will be able to discover prior employment during the background check, and lieing on these forms is a federal crime.



Read more: http://www.justanswer.com/questions/2kbsw-dv-lottery-winner-2010-f-1?L=T#ixzz0WW8mMW4g
 
then So if i put this on G325A, will i disqualify for AOS ??

Answer is Not necessarily.



You definately will not be approved if you lie on the form and are discovered. Or at the very least, they may find out and send out a request for evidence about the employment.



we have no way of telling you for sure which way they will go.



I have at least one client who worked without authorization, listed it, showed it on his tax returns. and was still approved. He was in F-1 status.
 
But is your client through DV or marrying to a citizen >?
Marriage to a U.S. Citizen. BUT the problem is the same. You do not want to lie on the forms. I was using my professional experience to indicate that this is not as serious as you might think.



I understand your case is a DV case, but you are also a student.



Here are your choices:



1. do not complete the forms, for fear that you have to disclose you worked without authorization. The forms will not be approved because they are not submitted.



2. Complete the forms, and do not include the employment during a period of when you did not have employment authorization; taking a risk that the USCIS will not discover it; but understanding that, they likely will...if they discover it and you omit it, then they will disapprove it or send you an RFE giving you a chance to correct the omission. You do not know which. Know that it is a federal crime to lie on USCIS forms.



3. Complete the forms and indicate all employment whether it was authorized or not, depending on the USCIS discretion that this information will not prejudice your petition. Knowing that it most likely will not.
 
Do you know if any laws state that working without authorization will disqualify for AOS?
Dear JUNE,



It is a possibility. I have not said that definitely it would or would not.





The USCIS has a policy memo that it published in 2008, that states that the adjudicator will only look back for unauthorized employment to the date of the last legal entry; and that if you accumulated less than 180 days of unauthorized employment, any disqualification based on that is waived.



Unlawful presence would have disqualified you from the lottery.
 
so the last entry date is the last physical enter date

since i travel back and forth to HK several time

and the last entry was April, 2009, so i should be glanted ??

Dear june,



According to the USCIS memo, yes, that is correct.
 
i am wonder if you would specific the memo and the resocurces so that i can print it out and bring it with me to interview

The 245K law that the other expert refers to refers to employment based adjustments. The exception is limited to less than 180 days of unauthorized employment in EB1/2/3 cases. It does not provide an exception for your unauthorized employment

You fall into Section 245(c) where section a which allows adjustment of status does not apply to one who accepts unauthorized employment.

(c) 1/ Other than an alien having an approved petition for classification as a VAWA self-petitioner, 1aa/ subsection (a) shall not be applicable to (1) an alien crewman; (2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration



If you departed the US after working unlawfully, and returned, then your departure and re-entry cured your violation,. But if you never left, then you will not be eligible for adjustment..

Also you can apply for your immigrant DV visa through consular processing. The unlawful employment would not be a bar to consular processing, only adjustment of status.
 
Thank so so much Judith.

i have reenter to US from Canada on Car around July 5, 2009 is that count ?



If i have applied I-485 to USCIS if i want to go through consular processing now.I should contact the Department of State or USCIS? 2nd Question, do i need to withdraw I-485 application.


Do you get the new I-94.

No i don't then she answered:

Then, no you didn't reset your entry and clean up the unlawful employment. You needed to get a new I-94 to do that.

You need to contact the DOS and try to get your case transferred out for consular processing. They will advise you of what to do regarding your I-485. It may be too late now to elect consular processing.
 
i have contact the DOS, i can transfer the case to CP, if i send them the written request.
so i filled in the form without any lieing
BUT remember YOU CAN ALWAYS TRAVEL TO SOMEWHERE AND GET YOU NEW I-94
This is the way that you can do.
Since i am waiting for my interview.
I have made for an infopass to rush the interview.
If i got denied for my I-485, i will do the CP by contacting the DOS again.

So if you didn't file I-485, just file CP. Since AOS taking longer time, and you have unauthorized employment.

Keep me post if you need to discuss.
 
If you are denied it will show up in the cmp. CP won't help anymore since you have to fill out on every paper in the future that a visa was denied and the reason for that.

IMO you need to contact a good immigration lawyer and not going by things on the internet alone. You never know who is giving you the advise and one mistake can make your future in the US uncertain....

I'm not a immigration lawyer neither is any of my friends or family members but I do know a few since they succesfully helped me and my family in the past. They don't work for free but may give you one free introduction phone call to determine if they can be of any help. I never met them and one of them is in a different State...I have done everything by email, fax, phone and mail....so if you need a lawyer go for an experienced one...you only have till the visa's are not all given out or Sept. 30th, 2010...

One mistake in advise and you go for it...is something you have to live with, the other is not feeling it and might say..sorry, but I guess not even that!

Good Luck:)
 
bentlebee said:
If you are denied it will show up in the cmp. CP won't help anymore since you have to fill out on every paper in the future that a visa was denied and the reason for that.

IMO you need to contact a good immigration lawyer and not going by things on the internet alone. You never know who is giving you the advise and one mistake can make your future in the US uncertain....

I'm not a immigration lawyer neither is any of my friends or family members but I do know a few since they succesfully helped me and my family in the past. They don't work for free but may give you one free introduction phone call to determine if they can be of any help. I never met them and one of them is in a different State...I have done everything by email, fax, phone and mail....so if you need a lawyer go for an experienced one...you only have till the visa's are not all given out or Sept. 30th, 2010...

One mistake in advise and you go for it...is something you have to live with, the other is not feeling it and might say..sorry, but I guess not even that!

Good Luck:)
Click to expand...

I agree with bentlebee, I think that you need to contact a good immigration lawyer and analyze your chances. June's questions and answers are pretty accurate from my point of view but every case is different and the lawyer could help you decide.

Good luck!

PS: This immigration office is really good http://murthy.com/ in case you want to check their website.
 
Thank you all for your help. I will try to contact an immigration lawyer and see what happens
 
Make sure you contact an experienced one and not one out of the yellow book....get a referal from a friend, or from your school, etc...

I have heard really bad stories with immigration lawyers....and great stories.
 
june620 said:
i have contact the DOS, i can transfer the case to CP, if i send them the written request.
so i filled in the form without any lieing
BUT remember YOU CAN ALWAYS TRAVEL TO SOMEWHERE AND GET YOU NEW I-94
This is the way that you can do.
Since i am waiting for my interview.
I have made for an infopass to rush the interview.
If i got denied for my I-485, i will do the CP by contacting the DOS again.

So if you didn't file I-485, just file CP. Since AOS taking longer time, and you have unauthorized employment.

Keep me post if you need to discuss.
Click to expand...

Thanks for your post June.
When is your interview?
 
similar situation

bentlebee and others....i am almost in the same dilema. i have been in the US for 7/8 years now. I am a DV 2010 winner & i chose cp. Back in 2003, i worked unautorized for a week. I neither got paid or submitted a time card . After then, in 2004 & 2007, i left the US renewed my student visa and came back with no problems.(I concluded that it is not on my record or social security number) since i have had no problems renewing at consulates outside d us

When i filled out the forms, i totally forgot about this job until i started reading posts from this forum. Is there anything to be worried about? Since it wasnt detected when i renewed my f-1, i doubt if it will be on my record (since i never got paid or submitted a time card). I chose cp because i thought my number was high but things are going really fast this year!!! Apart from this all my records are clean. If everything goes well my interview will be in febuary. If it comes up during the interview, can i say i forgot about the job since i was only there for a week and it was 6 years ago. Would that count as misrepresentation or lieing?

Please let me know what you think. Do i have any reason to worry, can it be picked up during a back ground check?
 
Last edited by a moderator:
lil said:
bentlebee and others....i am almost in the same dilema. i have been in the US for 7/8 years now. I am a DV 2010 winner & i chose cp. Back in 2003, i worked unautorized for a week. I neither got paid or submitted a time card . After then, in 2004 & 2007, i left the US renewed my student visa and came back with no problems.(I concluded that it is not on my record or social security number) since i have had no problems renewing at consulates outside d us

When i filled out the forms, i totally forgot about this job until i started reading posts from this forum. Is there anything to be worried about? Since it wasnt detected when i renewed my f-1, i doubt if it will be on my record (since i never got paid or submitted a time card). I chose cp because i thought my number was high but things are going really fast this year!!! Apart from this all my records are clean. If everything goes well my interview will be in febuary. If it comes up during the interview, can i say i forgot about the job since i was only there for a week and it was 6 years ago. Would that count as misrepresentation or lieing?

Please let me know what you think. Do i have any reason to worry, can it be picked up during a back ground check?
Click to expand...

Again I'm not a lawyer and "yes" you will be lying, but to me you should be fine since you already renewed your visa without having any issues...perhaps your "work" was more voluntering which is allowed since you didn't get paid or had a time card.
You could just answer "no", but again I'm not a lawyer neither am I responsible if you will get an issue with it, but I doubt you will and since it was 6 yrs ago and just one week....again I think you shouldn't mention it.:)
 
bentlebee said:
Again I'm not a lawyer and "yes" you will be lying, but to me you should be fine since you already renewed your visa without having any issues...perhaps your "work" was more voluntering which is allowed since you didn't get paid or had a time card.
You could just answer "no", but again I'm not a lawyer neither am I responsible if you will get an issue with it, but I doubt you will and since it was 6 yrs ago and just one week....again I think you shouldn't mention it.:)
Click to expand...

I already filled in the form....is it a good idea to notify kcc about this. I dont want to raise any red flag if it may not even come up.

I didnt get paid because i quit after 5days and didnt fill out a time card. They took my social on my first day but that was it. i am worried because A simple mistake can make things go wrong.

If it comes up during interview? me explaining it as volunteering may be a better approach. I honestly forgot about this job.

Also, i heard once you apply for a green card, you become out of status. I am a little confused. I thought my maintain my f-1 status until the time of the interview. Does this apply to cp as well.....If thats the case, during the period of waiting for my interview date, ill be out of status? I am currently a graduate student here with research assistantship. i did not notify my iss(international student office) about me being selected for DV2010 and me applying for green card in another country. Pls let me know what you think...Bentlebee i understand you are not a lawyer:)
 
I wouldn't call KCC..for what...you might be denied right there and than...

Voluntering is working for free, so that is what you did since you didn't get paid....:)

I don't know enough of F1 visa's but to me a person who is almost done with their study can't be denied a F1 visa...JMO...

You have the deadline for the DV lottery but just in case you won't be approved...(I hope this never happens)...there is no deadline to appeal you getting your F1 status back and you need a lawyer to do so, but in the mean time you might be able to stay and finish your education.

The most important thing in your case (as far as I understand) is that you have proof of funds....we all know that a College student has a good chance to obtain a job later on even an underemployment job, so that is not an issue and might be in your favor, but USCIS might ask for proof of funding and/or a sponsor....better be prepared for that and forget the volunteer job for now.:)
 
jor said:
Thanks for your post June.
When is your interview?
Click to expand...

i didn't get the interview letter yet
But what i plan to do is going to Canada by fight
and do the info pass on 11/23 to see when i will get the interview letter
 
lil said:
bentlebee and others....i am almost in the same dilema. i have been in the US for 7/8 years now. I am a DV 2010 winner & i chose cp. Back in 2003, i worked unautorized for a week. I neither got paid or submitted a time card . After then, in 2004 & 2007, i left the US renewed my student visa and came back with no problems.(I concluded that it is not on my record or social security number) since i have had no problems renewing at consulates outside d us

When i filled out the forms, i totally forgot about this job until i started reading posts from this forum. Is there anything to be worried about? Since it wasnt detected when i renewed my f-1, i doubt if it will be on my record (since i never got paid or submitted a time card). I chose cp because i thought my number was high but things are going really fast this year!!! Apart from this all my records are clean. If everything goes well my interview will be in febuary. If it comes up during the interview, can i say i forgot about the job since i was only there for a week and it was 6 years ago. Would that count as misrepresentation or lieing?

Please let me know what you think. Do i have any reason to worry, can it be picked up during a back ground check?
Click to expand...


You are safe since CP doesn't have this bar
 
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