Grounds of CP denial

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imwatcher123

Registered Users (C)
I like KD1403 life philosophy "worry about something you have control over, not those you don't (not exactly words)". Here is a situation:

While as a student, worked part time (about 2 hrs a day, not every day) for 2yrs after authorization expeired. Did not realize it until recently wanting to file I-485 (I-140 pending). Has been working on OPT and then H1B for 3 yrs since graduation. No gap, no overstay, except the issue mentioned above.

If switching to CP, would that be a ground of rejection? What does the law say about it?

Any other options?
 
imwatcher:

It is definitely both an INS and IRS issue. And to be more precise this is an IRS issue more than an INS/ immigration issue. When you were getting paid for the part time work was it cash or payroll check payment? If cash, then there should not be a reason to worry since ths is not traceable (although I would recommend not doing this in future). If it was an employer payroll check payment then it may be a reason for concern although i personally do not think it would be a reason for rejection. More than anything 2 hours a day is too little a fraud for INS/ IRS to catch.

If I were you I would consult an attorney...
 
Thanks for kd's reply. It was some kind of work assisting disabled students with their daily lives, most were in late evennings or early mornings. It was paid through an agency which managed the wellfare fund but the employer listed on W-2 was the disabled students actually being taken care of. The person (not myself) initally had a work permit, but completly forgot about it and the agency never asked for a new one after it expired. The irony is, some folks worked on cash basis and no tax was paid, but never had any problem in their GC process; this person however paid all taxes, social secruity and medicare, but now seems to run into big trouble.

The hours the person worked did not seem to be that many, but the duration was quite long, so not eligable for AOS under 245(k).

I read other forums it seems that unauthorized empolyment is not a ground for CP denial. Anyone has further info?

What about leaving US and coming back with an H1B visa and then going for AOS? Then what about the chance of H1B visa denial if the person discloses previous visa status violation on H1B visa application.

By the way, anybody knows whether BCIS checks with IRS on employment history, for how many years back?
 
Eventhough , Working with an expired Employment Document is illegal, I dont see any reason to worry regarding the CP. For CP they may ask for recent W2 or W2's for the past 3 years. (In my case they just asked for the most recent W2). In the W2 there is no information as to how long you have worked. It would be a recap of any work done during the year. I would not try to disclose the fact that I worked Illegally(as an initiative), unless I have been asked about it. This is strict Bureaucracy Vs. 'Minor' Mistakes made in life. Try Not to repeat it. It is very difficult to track down 'exact period' of employment ( But It is easy to track down period of un-employment - Lack of Pay-stubbs).

I did not mean to sound like I am in favour of working Illegally. Not at all. One should respect and obey the rules of this country if he/she wants to be a part of its society.

Cheers

Causion: I am not a lawyer. Every Sinlge Disclaimer Applies.
 
I totally agree with imihelp that one should always follow the rules wherever s/he stays.

A hypothetical question, what can you do if your IV gets denied by the consular officer who mistakenly inteprets the law? For example, visa status violation does not mean unlawful presence. However, he may deny your visa on the ground of unlwaful presence, which is actually only status violation. In this case, can you or your lawyer do somthing to reverse the consular's decision? If one forsees a potential problem, can he prepare relevant laws/regulations/guidlines and bring to the IV interview to show the consular officer that he is wrong, should that happen

Please share your opinions/experience. Has anyone run into this kind of situation? Thanks.
 
Thanks for reply. kd1403.

That link seems to suggest that if you are missing documents, or if you do not have enough resources to support yourself, you can come back with missing documents or further evidence.

What if they misinterpret the law and reject you based on a ground which does not apply to you? Any chance to save your case?
 
imwatcher:

Normally the consular officers are well versed off with the rules to reject but just in case there is an error and a case is incorrectly rejected you can still file an APPEAL with the supervisor/ vice-consul/ consul general to elevate the case and then it is for you to prove why you think it was wrongly rejected.
 
Not a problem .. imwatcher!! If there is anyone to thank, it is Rajiv Khanna for investing the money and time to get someone to build & maintain such a wonderful forum!
 
imwatcher123

I concur with KD1403. Usually they can not deny the GC except for 4 factors.

They found out that you are;

1. Involved in illegal human trafficing
2. Involved in Drug dealing activities
3. Involved in terrorism related activities
4. Any material mis-representation in your case

If you don't have or have insufficient documents, they may ask U to get those documents and then they will issue you an immigrant visa. Sometimes they may do your name-check or fingur-printing, but again that may delay issuing visa but unless they have concrete proof, they will not deny the visa.

In case, they reject you by error or mistake, you can follow the procedure that KD1403 has suggested.
 
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