Complicated Issue, worked illegally

D

dobbin

Registered Users (C)
I'll try to keep this as simple and clear as possible. I am a Canadian citizen, my wife is a Canadian and U.S. Citizen. She was born in the U.S. I sponsored her to come to Canada about 6 years ago, we've been married for 6 years, we live in Canada. My wife still works in the U.S. as we live in a border town, i work in Canada.

I went to college in the U.S., I graduated a little over 10 years ago. During that time I applied for a SSN to work on campus through the International Student Dept. When I went to the SS office to finalize the paperwork, the woman that I spoke with said that I was eligible to work anywhere in the U.S., not just on campus. I think that she may have made a mistake. I ended up getting an off campus job, before I started I was upfront about being anadian, the employer told me that they would contact SS before I started. I showed up for my first day of work and they told me that all was well with SS. I worked there for 2 years, paid tax, although I did not file income tax in the U.S. As soon as I graduated I quit the job and moved back to Canada.

My wife an I are now considering moving back to the U.S. I am very paranoid that I will get caught for working illegally, and that this might limit my ability to enter the U.S at all. I would hate to file the paperwork only to get into trouble for this, even though it was over 10 years ago. Is this going to be an issue seeing that it was so long ago and that I did not hide the fact of my working while in college? I have talked to a few other people who have immigrated to the U.S. as they are married to a U.S. citizen, and they were only asked about the most recent 5 years.

Any help that anyone could give me would be great. We are debating a consultation with an immigration attorney, but I thought I'd try here first.

Thanks for any replies.

Dobbin
 
Unauthorized work by a student is an inadmissibility ground BUT it stops being a problem after 5 years.

INA 212 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
*****
(6) Illegal entrants and immigration violators.-
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(G) Student visa abusers.-An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who violates a term or condition of such status under section 214(l) is excludable until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

HOWEVER, you may be cutting things close on another issue. Did you stay and work for 2 years without any visa or work authorization at all? (No student/graduate EAD? That may have been unlawful presence which began to accrue since IIRAIRA became effective April 1, 1997.) Has it really been 10 years since you departed the U.S.? Did you complete an I-9 for that employment and what status did you indicate you were in at that time, on that form? As long as you did not indicate USC as your status, it should be OK.

I-9s have been around since 1987, after IRCA passed into law 1986.
 
I did not get clearance to get the employment. I had my F1 student visa, applied for the SS number through the school and was told that i could start work. That is all I know about it. And yes, it has been a little over ten years since I left the U.S. upon graduation. I have a nexus card and travel to the U.S. at least once a week.
 
Here's a quick timeline to make things easier.

Attended college in U.S. from 1997 until January 2002, at which point I graduated, I was on F1 visa the entire time.

I was employed in the U.S. from fall of 1999 until January/February 2002 when I graduated(can't remember the exact dates).

February 2002, moved back to Canada, although I travelled to the U.S. once a week as I was engaged to my wife at this point, I visited her every weekend but never stayed more than 2 days, nor did I ever work in the U.S.

My wife moved to Canada in 2004, and has worked in the U.S. the entire time, I cross the border often with her to visit friends, dinner, shopping etc, so I have never been outside the U.S. fopr 5 consecutive years.

Since I moved back to Canada in 2002, I have never worked in the U.S., nor stayed there for more than a few days at a time.
 
Students are allowed to work off campus with permission. Since you did not receive permission for such work then obviously you were in violation and have to be outside continuously for 5 years. The key question is the definition of continuously outsidealthough I doubt you can find relief/wiggle room there.

If you can afford risking the money, you can take your chances filing although the deck seems to be stacked against your success. You may consult an attorney although I believe BigJoe5 can give you a pretty much spot on answer with this your particular issue.

dobbin said:
Here's a quick timeline to make things easier.

Attended college in U.S. from 1997 until January 2002, at which point I graduated, I was on F1 visa the entire time.

I was employed in the U.S. from fall of 1999 until January/February 2002 when I graduated(can't remember the exact dates).

February 2002, moved back to Canada, although I travelled to the U.S. once a week as I was engaged to my wife at this point, I visited her every weekend but never stayed more than 2 days, nor did I ever work in the U.S.

My wife moved to Canada in 2004, and has worked in the U.S. the entire time, I cross the border often with her to visit friends, dinner, shopping etc, so I have never been outside the U.S. fopr 5 consecutive years.

Since I moved back to Canada in 2002, I have never worked in the U.S., nor stayed there for more than a few days at a time.
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dobbin said:
Here's a quick timeline to make things easier.

Attended college in U.S. from 1997 until January 2002, at which point I graduated, I was on F1 visa the entire time.

I was employed in the U.S. from fall of 1999 until January/February 2002 when I graduated(can't remember the exact dates).

February 2002, moved back to Canada, although I travelled to the U.S. once a week as I was engaged to my wife at this point, I visited her every weekend but never stayed more than 2 days, nor did I ever work in the U.S.

My wife moved to Canada in 2004, and has worked in the U.S. the entire time, I cross the border often with her to visit friends, dinner, shopping etc, so I have never been outside the U.S. fopr 5 consecutive years.

Since I moved back to Canada in 2002, I have never worked in the U.S., nor stayed there for more than a few days at a time.
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From what you have finally revealed...it appears that you only worked while a student rather than for 2 years AFTER graduating like you said at first. THAT make as huge difference. Students may work off-campus w/permission from the school.

8 CFR 274A.12

(b) Aliens authorized for employment with a specific employer incident to status. The following classes of nonimmigrant aliens are authorized to be employed in the United States by the specific employer and subject to the restrictions described in the section(s) of this chapter indicated as a condition of their admission in, or subsequent change to, such classification. An alien in one of these classes is not issued an employment authorization document by the Service:

(6) A nonimmigrant (F–1) student who is in valid nonimmigrant student status and pursuant to 8 CFR 214.2(f) is seeking:

(i) On-campus employment for not more than twenty hours per week when school is in session or full-time employment when school is not in session if the student intends and is eligible to register for the next term or session. Part-time on-campus employment is authorized by the school and no specific endorsement by a school official or Service officer is necessary;

(ii) [Reserved]

(iii) Curricular practical training (internships, cooperative training programs, or work-study programs which are part of an established curriculum) after having been enrolled full-time in a Service approved institution for one full academic year. Curricular practical training (part-time or full-time) is authorized by the Designated School Official on the student's Form I–20. No Service endorsement is necessary.
 
Thanks for all the replies so far.

My school initiated my application for my SS card, although they never did give me permission to work off campus, as far as I know I was only allowed to work on campus.
 
dobbin said:
Thanks for all the replies so far.

My school initiated my application for my SS card, although they never did give me permission to work off campus, as far as I know I was only allowed to work on campus.
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You were a student during a transitional period. In 1996, IIRAIRA mandated that INS keep better track of students, a variety of experimental programs were tried out, then 9/11 happened and a new emphasis caused the rapid expansion of SEVIS with full implementation as of Jan 2003.

You probably had approval from the school but it was so trivial that it was not emphasized to you. At that point in time it may have only required a school official to check a box on your I-20 and initial it. USCIS (or any DHS agency) and DOS will not bother with this issue in your immigration case. You stated that the employer checked you out and got an OK, that is all you KNOW, end of story.
 
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BigJoe5 said:
You were a student during a transitional period. In 1996, IIRAIRA mandated that INS keep better track of students, a variety of experimental programs were tried out, then 9/11 happened and a new emphasis caused the rapid expansion of SEVIS with full implementation as of Jan 2003.

You probably had approval from the school but it was so trivial that it was not emphasized to you. At that point in time it may have only required a school official to check a box on your I-20 and initial it. USCIS (or any DHS agency) and DOS will not bother with this issue in your immigration case. You stated that the employed checked you out and got an OK, that is all you KNOW, end of story.
Click to expand...

Thanks BigJoe, thats very reassuring. I've been trying to locate this type of information myself for a few months and its been tough.
 
Be cautious of what you say to the Consular Officer so that you don't cause unneeded confusion and complications. Compare your posts and see what I mean about self-caused confusion....
 
DOBBIN,

I think what BigJoe5 is telling you is do not volunteer information and you should be fine, so no you have never worked illegally because it is not for you to determine whether that work was illegal or not.
dobbin said:
Thanks BigJoe, thats very reassuring. I've been trying to locate this type of information myself for a few months and its been tough.
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