green card through marrige.Unauthorized employment during F1 visa

I-485 details

To Nav102
Check the I-485 Filing Instructions


Originally Posted by meeeee7
thanks for the answer.
do you know any website where I can read the law about a situation like that.

So are you saying that if I was never illegal (as for status) and was working on F1 visa, then got married to USC and received AP, I am 100%good to travel on AP and will not have problems because of my unauthorized work even though I put it on my appplication to USCIS all the jobs I performed without authorization(since I was working on paycheck and was paying taxes)

are you somehow connected with the law or you know it from your own experience?

thank you again. I really want to go see my family. but if i learn that there can be a problem in future because of unauthorized work and travel on AP, then I will wait.

Check the I-485 Filing Instructions document available on the USCIS Website under Forms and that covers the eligibility requirements.

Thanks for a piece of advice.

I went online to USCIS website to check the eligibility.
Well, when I was reading there is a section talking about people who are NOT eligible for adjustment of status: one of the point is: you were employed in the USA WITHOUT authorization prior to filing this application. That scared me even more. So having read it, I understand that I even don't qualify to apply for GC being married to USC because of work without authorization??? I asked people b4 and they told me that USCIS "forgives" illegal work if you married to USC. Is not that true? Next point that makes you ineligible for applying for I-485 is if you failed to maintain your nonimmigrant status , other than thru no fault of your own or for technical reasons; UNLESS YOU R APPLYING BECAUSE YOU ARE: 1 IMMEDIATE RELATIVE OF A U.S. CITIZEN(SPOUSE....) so in this point they put the exception, saying that they will forgive illegal stay... so they would have forgiven me illegal stay, but will NOT forgive unauthorized work??? can you explain pls.?
as for eligibility, I qualify, since I file with I-130 and married to USC. i'M CONFUSED. What did you want me to find in I-485?
So can that harm me even if I don't travel on AP? How can my situation change if I do travel?

thank you a looooot
 
F1, unauthorized work, AP, adjustment of status thru husband who is USC

To AzBlk

For certain nonimmigrant statuses (F-1 and J-1), I-94s are endorsed "D/S," meaning "duration of status." Since there is no specific expiration date, aliens holding "D/S" I-94 cards do not begin to accrue unlawful presence unless USCIS makes an affirmative finding that the alien has violated his or her status.[3] For example, if an alien holding F-1 status with an I-94 marked D/S applies for a change of status to H-1B, and the change of status is denied because USCIS finds that the alien has violated his F-1 status, then the alien begins to accrue unlawful presence upon the denial of his change of status application, even though the I-94 never "expired." Similarly, if an Immigration Judge makes a determination of a status violation in a removal proceeding of an F-1 or J-1 nonimmigrant who is admitted D/S, unlawful presence begins to accrue even though the I-94 never "expired."

Any nonimmigrant, no matter what his status, who is found by USCIS or an Immigration Judge to have violated his status, begins to accrue unlawful presence upon the date of that finding, even if his I-94 has not expired. Again, USCIS would generally only make such a finding in connection with an application for a benefit, and an Immigration Judge would make this determination in proceedings.


thank you for your explanation. i think it was the most helpful one and i finally somewhat understood about acquiring unlawful presence. I still want to ask you more details.

What do you mean when you say, "Again, USCIS would generally only make such a finding in connection with an application for a benefit", what type of benefit?

so in my situation, I came on J-1, was legally working during the summer, then changed to F1 STATUS, went to college, was always enrolled full-time, never dropped, have higH GPA, and was working unauthorized( with Social security number, but withor work permit and paid taxes) for 1 year and 9 months. and after that i filed for adjustment of status based on marriage to my husband who is a USC. so is my application for A BENEFIT?

I received my AP and WORK AUTHORIZATION document in 1 month and now want to go home to visit family. how is all that you told me connected with my possible trip? as I understand you are telling me that my unauthorized work doesn't make me unlawful, since USCIS didn't make a statement that I violated my status. So therefore, I have never been illegal in the USA and can go visit my family for 3 weeks?

i will be waiting for your answer.
thanks a lot
 
AzBlk

For certain nonimmigrant statuses (F-1 and J-1), I-94s are endorsed "D/S," meaning "duration of status." Since there is no specific expiration date, aliens holding "D/S" I-94 cards do not begin to accrue unlawful presence unless USCIS makes an affirmative finding that the alien has violated his or her status.[3] For example, if an alien holding F-1 status with an I-94 marked D/S applies for a change of status to H-1B, and the change of status is denied because USCIS finds that the alien has violated his F-1 status, then the alien begins to accrue unlawful presence upon the denial of his change of status application, even though the I-94 never "expired." Similarly, if an Immigration Judge makes a determination of a status violation in a removal proceeding of an F-1 or J-1 nonimmigrant who is admitted D/S, unlawful presence begins to accrue even though the I-94 never "expired."

Any nonimmigrant, no matter what his status, who is found by USCIS or an Immigration Judge to have violated his status, begins to accrue unlawful presence upon the date of that finding, even if his I-94 has not expired. Again, USCIS would generally only make such a finding in connection with an application for a benefit, and an Immigration Judge would make this determination in proceedings.

______________________________________________

So when I applied for adjustment of status, I was filling out form G-325B where I was asked about my jobs that I had during last 5 years. Since I was working on paycheck, I told the truth and listed all the jobs I was working on F1 status during 1 year and 9 months. so now that they know... what can happen? can they say that I start my illegal presence now(but i'm on adjustment of status) or can they say that I started my illegal presence from the day I began to work???

will be waiting for the answer.
thank you
 
Hello i hAve exactly same problem but i am applying f1-to green card through job.but i used my ssn for 2 years and i found my sponsor and everything else is just fine.but i wonder do i have any chance to get green card if so how? and 2 year unauthorized work how its gonna affect to the process? There is anybody has same case pls help me plssss
 
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