Applying for GC

N

NemoND

New Member
Hello everyone!

I will be applying for a GC soon, as an asylee. Got approved last year in September, had my interview in July in Minneapolis, MN. I have only one concern, and was wondering if anyone can help me with that or give some advice... Came to the US as J1 on 05/30/2017. I changed jobs on 08/05/2017, while still in status. My employer assured me it was perfectly fine to work for them throughout my application, and I applied by myself, so no lawyer. Long story short, I did work without an EAD for some time. Wondering if this could prevent me getting approval for a GC. Thank you!
 
Unlawful presence/working does not count against you once you obtain asylee status. However, you will likely need a waiver for that. I would suggest you hire an attorney at least to go over the I-485 application to make sure your package is complete, and to get some advice on how to address this should the issue come up at some point.
 
zman44 said:
Unlawful presence/working does not count against you once you obtain asylee status. However, you will likely need a waiver for that. I would suggest you hire an attorney at least to go over the I-485 application to make sure your package is complete, and to get some advice on how to address this should the issue come up at some point.
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Thank you for your answer! So that's not a huge deal?
 
It's not a huge deal if it's done properly. One of the main big no-nos with USCIS is LYING. If at any point during any process it becomes apparent you have lied or tried to hide information, even information that would not have a negative impact, that could jeopardize your status. So while a few weeks of undocumented status/work will not normally county against you for obtaining asylum, and after, it must still be properly disclosed.

There are a few grounds of inadmissibility when trying to obtain a green card, unlawful presence is one of them. However, there is a waiver for that. Unlawful presence doesn't county against you to obtain asylum, but you might need a waiver to adjust status. The important thing here is that officer doesn't get the impression you're trying to hide anything. This all depends on your particular situation, and you should consult with an attorney if you have a somewhat complicated case.

https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-3
 
There is no ban for illegally working. There is a ban for accruing 180 days of "unlawful presence" and then leaving the US. If you have not left the US (or left the US only on Advance Parole), you could not have this ban either. Neither being out of status nor illegally working affects asylee adjustment.
 
I would like to politely reject the assumption that 'working illegally' in the US does not have impact on your status. Yep, it's true if nobody finds out about it. IRS won't share with USCIS. However, violating labor laws is a serious offense, Asylum Officer will take that into consideration if he is told about it. One of the criteria for admission, for being granted asylum, is having good moral character. It helps your case not to violate US laws, it doesn't help your case to do otherwise. However, must be said that criminal offenses don't really matter as long as your case has merits. Drug delears, DUI convicts, etc...have been granted asylum in the past.
 
7of9 said:
I would like to politely reject the assumption that 'working illegally' in the US does not have impact on your status. Yep, it's true if nobody finds out about it. IRS won't share with USCIS. However, violating labor laws is a serious offense, Asylum Officer will take that into consideration if he is told about it. One of the criteria for admission, for being granted asylum, is having good moral character. It helps your case not to violate US laws, it doesn't help your case to do otherwise. However, must be said that criminal offenses don't really matter as long as your case has merits. Drug delears, DUI convicts, etc...have been granted asylum in the past.
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My asylum has already been granted. I'm going to be in the process of applying for a green card.
 
NemoND said:
My asylum has already been granted. I'm going to be in the process of applying for a green card.
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Yep, the statement applies to asylum approval, GC approval and citizenship approval. Good moral character is a huge thing, super big for citizenship. Not so much for GC or asylum. GC approval relies very little on good moral character. Even for citizenship, 'material time' doesn't cover time outside the 5 years before you apply for citizenship.
 
Did you guys hear about the new law that’s about to go into effect about GC and visa applicants that can make it difficult for some people to get approved?
 
The rule doesn't apply to refugees or asylees. It's mostly aimed towards 'chain migration.' IE, sponsoring family members once you're a citizen. But yeah, it still sucks.
 
zman44 said:
The rule doesn't apply to refugees or asylees. It's mostly aimed towards 'chain migration.' IE, sponsoring family members once you're a citizen. But yeah, it still sucks.
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That's what I thought. But it's still a burden to everyone else...
 
The proposed rule is a step in the right direction. A petitioner ought to be able to financially support intending beneficiary(ies) and not have them rely on public assistance.
 
In the unpublished version it indicates that asylee are exempt from this charges. It means asylee can have public charge and still be admissible for green card.
 
tinaina said:
In the unpublished version it indicates that asylee are exempt from this charges. It means asylee can have public charge and still be admissible for green card.
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Yes, asylees and refugees, and asylee/refugee adjustment, are not subject to public charge inadmissibility by statute.
 
For your reference, one of my friends has just received her GC based on asylum. For me, it took about 3 months from applying to receiving my GC. For her about 4 months. Both of us had a request for additional information. I missed one of the yes/no questions on the application and my friend's medical exam expired by a few days so she had to get a new one done.
 
busydoingnothin said:
For your reference, one of my friends has just received her GC based on asylum. For me, it took about 3 months from applying to receiving my GC. For her about 4 months. Both of us had a request for additional information. I missed one of the yes/no questions on the application and my friend's medical exam expired by a few days so she had to get a new one done.
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Thank you. I'm having an immigration attorney help me with my application. It should go pretty smooth, had consultations already, and I guess unauthorized presence and/or work doesn't affect anything pretty much, as long as you don't falsely represent yourself as a US citizen.
 
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