How to Cure unlawful Employment and Is it going to affect any Status change FOREVER

#1
Hi,
My situation is that From 2011-2014. May I was F1 status and worked in US legally. In May 2014 I went back to home country and got married with my current wife who was F1. Then I got my F2 visa and accompany my wife to US in Aug 2014 to finish her study until now. During 2015-present(2019), I have been working as independent contractor and use my SSN( for working only with permission) to file 1099 tax every year. Now I got my sponsor to apply H1B for me but Our attorney is highly concerned my status. I understand all she mentions.Actually I am current out of F2 Status because of unlawful employment, even though I am not unlawful present now. I Cant adjust my status in US and have to go back to home country to get new visa stamp. But the consular most likely will deny my DS160 and application.
BTW My wife is legal with everything and she is still under her F1 status for her Master in Accounting. She might get H1B after CPA.
Question: 1)Since the unlawful employment record will be with me for life, is there anyway for me to cure that?
2) Is the unlawful Employment going to bar me from getting any visa or green card FOREVER? My wife most likely will get sponsored sooner or after. I am concerned, even though I can go back to my home country and wait for H4 application, It will definitely affect me , but I dont know for how long?
3) Am I have no chance to get any visa or green card in the future?
Please advise
 
#2
Hi,
My situation is that From 2011-2014. May I was F1 status and worked in US legally. In May 2014 I went back to home country and got married with my current wife who was F1. Then I got my F2 visa and accompany my wife to US in Aug 2014 to finish her study until now. During 2015-present(2019), I have been working as independent contractor and use my SSN( for working only with permission) to file 1099 tax every year. Now I got my sponsor to apply H1B for me but Our attorney is highly concerned my status. I understand all she mentions.Actually I am current out of F2 Status because of unlawful employment, even though I am not unlawful present now. I Cant adjust my status in US and have to go back to home country to get new visa stamp. But the consular most likely will deny my DS160 and application.
BTW My wife is legal with everything and she is still under her F1 status for her Master in Accounting. She might get H1B after CPA.
Question: 1)Since the unlawful employment record will be with me for life, is there anyway for me to cure that?
2) Is the unlawful Employment going to bar me from getting any visa or green card FOREVER? My wife most likely will get sponsored sooner or after. I am concerned, even though I can go back to my home country and wait for H4 application, It will definitely affect me , but I dont know for how long?
3) Am I have no chance to get any visa or green card in the future?
Please advise
 

Sm1smom

Super Moderator
#3
This is precisely why people should not seek to game the system. You never know when an illegal immigration activity will come back and haunt you! You knew your F2 status did not grant authorized employment, now you get to deal with the consequences of your action.
 

SusieQQQ

Well-Known Member
#4
If/when your wife becomes a LPR or citizen you may be able to get a waiver. The process of a waiver involves someone petitioning for you (if this is your wife as green card holder that will take 2-2.5 years), you then get denied, advised if a waiver is available, and if so, apply, it’s not automatic so you may or may not succeed, the waiver process generally adds another 6-12 months to the process. So you’re looking at 2.5-3.5 years for possible success from when your wife files for you, but as she isn’t even a LPR yet, heck there isn’t even certainty she’ll get H1 much less adjust from that, there is still some long unknown amount of time to even start this process

You are correct you cannot adjust status as you are in unlawful status. So your option is go back home, I guess you can try for H1 but you seem to know you’ll be denied (never mind even the lottery). I guess the real question for you is would your wife rather go back home with you, or is it more important to stay in the US for her without you for a good few years and with uncertainty over whether you’d ever be able to actually join her?

As mom says, you knowingly broke immigration law and now yes it’s coming back to bite you. What’s that old saying - don’t do the crime if you can’t do the time?
 

1AurCitizen

Registered Users (C)
#5
Why is it that foreign nationals find it convenient to break US laws, then seek shelter when they get ensnared?
Is the mighty dollar so appealing?
 

newacct

Well-Known Member
#6
Actually I am current out of F2 Status because of unlawful employment, even though I am not unlawful present now.
If you mean "unlawful presence" for the 3/10-year unlawful presence ban, you actually do have "unlawful presence". People in F status started accruing unlawful presence whenever they are out of status starting August 9, 2018. If you were out of status before that, you would have started accruing "unlawful presence" on August 9, 2018, which means you have accrued more than 180 days of "unlawful presence" until now, and if you left the US now you would have a 3-year ban.

2) Is the unlawful Employment going to bar me from getting any visa or green card FOREVER?
There is no ban for unlawful employment. Having worked illegally does make you ineligible for Adjustment of Status (i.e. getting permanent residency from inside the US) unless your are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) or unless you are in an employment-based category and you have not been out of status or working illegally for more than 180 days since the most recent entry.

Since there is no ban for unlawful employment, it won't affect getting permanent residency through Consular Processing. But you might have bans for other reasons, e.g. the unlawful presence ban as described above; or you might have a ban for material misrepresentation if they asked you about illegal work on your F2 visa application and you failed to disclose it.

Note that for nonimmigrant visas, having no ban doesn't mean you will get a visa or get entry. Any negative information in your history can lead them to deny you for "immigrant intent" (though I am not sure how that works for H1b/H4 since those are not subject to immigrant intent).
 
#7
If you mean "unlawful presence" for the 3/10-year unlawful presence ban, you actually do have "unlawful presence". People in F status started accruing unlawful presence whenever they are out of status starting August 9, 2018. If you were out of status before that, you would have started accruing "unlawful presence" on August 9, 2018, which means you have accrued more than 180 days of "unlawful presence" until now, and if you left the US now you would have a 3-year ban.


There is no ban for unlawful employment. Having worked illegally does make you ineligible for Adjustment of Status (i.e. getting permanent residency from inside the US) unless your are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) or unless you are in an employment-based category and you have not been out of status or working illegally for more than 180 days since the most recent entry.

Since there is no ban for unlawful employment, it won't affect getting permanent residency through Consular Processing. But you might have bans for other reasons, e.g. the unlawful presence ban as described above; or you might have a ban for material misrepresentation if they asked you about illegal work on your F2 visa application and you failed to disclose it.

Note that for nonimmigrant visas, having no ban doesn't mean you will get a visa or get entry. Any negative information in your history can lead them to deny you for "immigrant intent" (though I am not sure how that works for H1b/H4 since those are not subject to immigrant intent).
Thanks for applying. 1) I was told since I have valid i95 D/S doesn’t have an exact date because my wife is still studying. I’m not gonna be unlawful presence unless USCIS IS aware of my position by Failure of adjust of status or failure to get USCIS Benefit. Is it correct ? 2) what is the best solution for me to solve this if I wanna still in US or come to US. ? Thanks.
 
#8
If/when your wife becomes a LPR or citizen you may be able to get a waiver. The process of a waiver involves someone petitioning for you (if this is your wife as green card holder that will take 2-2.5 years), you then get denied, advised if a waiver is available, and if so, apply, it’s not automatic so you may or may not succeed, the waiver process generally adds another 6-12 months to the process. So you’re looking at 2.5-3.5 years for possible success from when your wife files for you, but as she isn’t even a LPR yet, heck there isn’t even certainty she’ll get H1 much less adjust from that, there is still some long unknown amount of time to even start this process

You are correct you cannot adjust status as you are in unlawful status. So your option is go back home, I guess you can try for H1 but you seem to know you’ll be denied (never mind even the lottery). I guess the real question for you is would your wife rather go back home with you, or is it more important to stay in the US for her without you for a good few years and with uncertainty over whether you’d ever be able to actually join her?

As mom says, you knowingly broke immigration law and now yes it’s coming back to bite you. What’s that old saying - don’t do the crime if you can’t do the time?
Thanks so much for your reply. I totally agree it. What is the best solution for me to figure this. Stop working, go back to home country and wait as long as I can to apply immigration visa ?
 

newacct

Well-Known Member
#9
1) I was told since I have valid i95 D/S doesn’t have an exact date because my wife is still studying. I’m not gonna be unlawful presence unless USCIS IS aware of my position by Failure of adjust of status or failure to get USCIS Benefit. Is it correct ?
That was before August 9, 2018. Since August 9, 2018, people in F, J, or M status also accrue "unlawful presence" whenever they are out of status regardless of what it says on their I-94.
 

newacct

Well-Known Member
#10
By the way, in the last few days there was a nationwide injunction on the 2018 unlawful presence for F/J/M rule change. But the injunction applies to the Department of Homeland Security, and I am not sure how it applies to the issuance of visas which are issued by the Department of State.
 
#11
Unless there was a formal finding of your employement, I would not worry. Let your wife proceed with H1-B and H4 for you.

Contrary to the public belief, IRS does NOT share your tax filings with immigration.

Although technically against the "rules," I find your employment to be appropriate, as no self-respecting 20-25 year old is going to just sit and do nothing in their golden years. The employment rules that surround F-1/F-2 holders are outdated and totally incompatible with modern life.
 

Sm1smom

Super Moderator
#13
Although technically against the "rules," I find your employment to be appropriate, as no self-respecting 20-25 year old is going to just sit and do nothing in their golden years. The employment rules that surround F-1/F-2 holders are outdated and totally incompatible with modern life.
Encouraging people to circumvent and break immigration rules is against the TOS of this forum. Consider this a formal warning
 

SusieQQQ

Well-Known Member
#14
By the way, the employment rules around F1/F2 visa holders are stated upfront and part of getting the student visa is that you are supposed to have enough funds to pay for your course of study. The US is by no means the only country that does this. You are coming to spend those “golden years” as a full time student, not working. That is what you undertake on signing the visa application. If you don’t like the laws of the country you are applying for a visa from, then study elsewhere.
 

Sm1smom

Super Moderator
#15
By the way, the employment rules around F1/F2 visa holders are stated upfront and part of getting the student visa is that you are supposed to have enough funds to pay for your course of study. The US is by no means the only country that does this. You are coming to spend those “golden years” as a full time student, not working. That is what you undertake on signing the visa application. If you don’t like the laws of the country you are applying for a visa from, then study elsewhere.
Exactly!
Any self respecting 20 - 25 years old who is not willing to sit and do nothing in their golden years outside of abiding by the conditions of their admitted status shouldn’t be filing for such a visa in the first place. They should stay back in their home country or go to some other place where they will not break their immigration laws and make better use of their “golden years”
 
#16
Encouraging people to circumvent and break immigration rules is against the TOS of this forum. Consider this a formal warning
I am NOT encouraging anyone to do anything. Only a licensed lawyer can provide guidance or advice in particular situation. I am just stating my OWN OPINION based on my experience. It could be right, it could be wrong; hence, just an OPINION.
 

Sm1smom

Super Moderator
#17
I am NOT encouraging anyone to do anything. Only a licensed lawyer can provide guidance or advice in particular situation. I am just stating my OWN OPINION based on my experience. It could be right, it could be wrong; hence, just an OPINION.
Well the “opinion” expressed in this case is a violation of the TOS as stated.
 

SusieQQQ

Well-Known Member
#18
That sounds a lot more like one of those ignorant Southern "individuals," who say "Go back to your country" literally over anything."

My opinion:
1) I THINK that just because parents have a required amount in the bank does NOT mean that you should spend it.
2) I THINK that no respect-deserving 25 year old should live off their parents back home.



That's totally wrong. Even obsolete F1 rules allow up to 3 years of work, and you're telling that we can only study? Just shows that you don't know what you're talking about and never spend a day on F-1.
They allow work in specified circumstances that are described in the rules. You agree to abide by the rules, abide by them. Ad hominem attacks on other posters don't change the fact that you just spent a lot of words trying to justify breaking the law.

You're talking to someone who entirely self-funded three university degrees legally, by the way.
 
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