ciba, please help

[qdew]

My wife worked as a TA during her F2->F1 transfer (started TA in Jan. and the F1 approved in April) . Now we are filing I-485. And the attorney suggested us to fill out a form and pay penalty for "illegal worker" during that time.(I stupidly exposed this matter to the attorney for consulting). I am worrying that doing so may make confusion and bad image to the INS officer since this issue was not found out during her LC and I-140. If we don\'t pay the penalty, what would it result to? Or, if we do as what our attorney suggests, will it have any negative impact on our I-485/AP approval? What\'s your suggestion?
Thanks in advance!

 

[ciba]

No Title

gdew,

What your lawyer suggests is to file your case under 245(i) with
$1000 penality. This will NOT affect your "image" as you descrived
or have a negative effect on your case. You should definitely
disclose this info in I-485 application.

In LC and I-140 stage, your status will not be scrutinized. In
I-485 stage, however, INS assumes everybody is out of status at
some point in their stay and determines otherwise from the facts
presented in the case. You have to assume that any illegal work
withtout authorization will be found out during I-485.

ciba

 

[qdew]

No Title

Thank you, Ciba. We paid the penalty and filled out the form with my attorney today. Your response relieves my worry. Now I know we did the right decision. Thank you.