Green card after work w/o authorization

[pdshany]

Hello
I would highly appreciate your response in this regard.

My cousin filed for green card few years back and now is in his last stage. He filed the paperworks along with his wife. He recently found out that his wife had worked, while in college (around 2002-2003), without authorization. She had even received the W-2 forms (with her SSN) and paid taxes. She used to get paid by weekly checks. She did this work for over a year, mostly on weekends (close to 20 hours a week).

My cousin is now worried if this will affect their Green Card application. Since they already have the EAD and are now in their last stage (only I-485 approval required), would that still be a problem?

Thanks

 

[abhuda]

Off course it will affect.

 

[techbuyer77]

if your cousin is covered by 245-i, work without authorization by hi, his spouse and kids is covered by the penalty ($1000) they pay when they send the AOS package.
If he is not covered by 245i, I dont think the wife can get away with it. Better to talk to a lawyer

 

[pdshany]

Thanks Tech, Appreciate a sensible response.
I did a little search on 245-i and it doesn't look like he qualifies. He filed the application on 2005 while his wife worked around 2002-2003. Looks like 245-i protects April 30, 2001 + 6 months.

Does this mean both of them don't get the green card? He might go back if she doesn't get it.

Another question is, Since they got EAD and I-140, what is the chances that they will get I-485 approved w/o the interview. Or I-485 is the stage where the INS actually does the thorough investigation?

 

[pdshany]

ANYBODY??