Interview tomorrow, illegal status. Experts please help.

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dontrejectme

New Member
Recently I came to know about this forum from one of my friend.

Experts please answer my questions

My story,
I came to U.S on June 2000, applied for labor on January 2001 and approved on June 2001
Applied for my I-140 on July 2001 and approved on January 2002
Applied for I-485 and EAD on April 2002 received EAD on June 2002
Applied for 2nd EAD on April 2003 and Received EAD on May 2003
Applied for 3rd EAD on Feb 2004

Unfortunately I came out of project on 2002. I am still working unrelated job from 2002 without W2 form or any tax returns. In mean time I got an RFE from USCIS for EVL, W2 and Tax returns. Since I don’t have any, I didn’t reply for my RFE. Then USCIS transfer my case to local office and they called me 2 times for the interview and I didn’t go for the interview because of the above reasons. I got 3rd interview letter again from the local office.

Before I go through this form, I thought all over for my green card. When I go though this forum I noticed the law section 245(i) for the people who illegally enter into the U.S. or people who Illegally work in the U.S.

Here are my questions

1) Am I eligible for 245(i)?

2) If I am eligible, I didn’t pay $1000 during the time of filing I-485 because I was in status at the time of filing. Is it fine If I pay during the time of interview?

3) What are my other options?

I appreciate your suggestions.

Thanks
 
dontrejectme said:
Am I eligible for 245(i)?
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By the looks of things, yes.

If I am eligible, I didn’t pay $1000 during the time of filing I-485 because I was in status at the time of filing. Is it fine If I pay during the time of interview?
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Fill out form I-485A, and bring a check made out to USCIS for $1000. If the interviewing officer raises questions, claim relief under 245i and provide the form and check.

What are my other options?
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Get your taxes straightened out. You may have a significant liability that you should not ignore.

Thanks[/QUOTE]
 
Hi TheRealCanadian,

Thanks for your valuable advice!!!

Since I don’t have any w2 or 1099, how do I straightened my taxes?

As I said this is my 3rd interview call, what will happen if I skip the interview?

If I get denial letter, is it possible to reapply 245(i)?

Please give me more inputs.
 
dontrejectme said:
I came to U.S on June 2000, applied for labor on January 2001 and approved on June 2001
Applied for my I-140 on July 2001 and approved on January 2002
Applied for I-485 and EAD on April 2002 received EAD on June 2002
Applied for 2nd EAD on April 2003 and Received EAD on May 2003
Applied for 3rd EAD on Feb 2004
Click to expand...


Help me out to understand.

Since June 2000 - April 2002 in this duration were u out-of-status?

if not than explain, once u filed 485 ur status is pending AOS/485 since April 2002. how can u say u had no status ?

btw- I am un-invited unexpert.

Good Luck
 
Hi PrinceofJungle
All are invited to discuss my issue!!! Thanks for asking questions so that I explained my situation better

I was in status from June 2000 – April 2002.
Since I am doing job unrelated to my qualification and I don’t have w2 and tax returns during that period from April 2002 to till date I assume I am in out of status (may be not).
In the interview letter, the interview is asking for EVL, W2 and tax reruns which I don’t have.
Hope this helps you understand my problem.

Thanks
 
dontrejectme said:
3) What are my other options?
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I am assuming you were in valid status (in working visa) from June 2000 to April 2002. Working in "unrelated job" using EAD is not illegal (from immigrantion perspective). On the other hand, not working when I-485 is pending not illegal (or out of status).
Most importantly, for your I-485 you need a permanent job offer in similar job as specified in LC. It could be your ex-employer or any new employer who is willing to offer you a W2 job. Without that USCIS won't grant your GC.
 
Your case is a bit tricky. If your I-485 has been pending for more that 180 days you could look for another employer and use ac21. but if I were you I would file ac21 and also find a new job/sponsor and start it all over gain using perm your labor will be approved in 45 days then file I-140 & I-485 concurrently. You will still use 245(i) since you are grandfathered by your first labor you filed in 2000
 
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you should get some good attorneies (couple of them advice pronto). I wonder if skipping/ignoring (repeatedly) the interview might itslef lead to denial? You certainly need to fix your taxes ... if you do not have an accountant / CPA...you can just call H&R Block and get their advise how to immediately fix the situation ... you will be required to pay the due taxes/penalty over a protracted period of time...thats my understanding... you can take those documents which prove that you are in the process of fixing your tax situation (I am guestimating that it should be ok...but obviously do not know for sure)....DO'NT MESS WITH ANY I*S ... thats my personal philosophy !!! . BTW, if you start working legally right away (ie with a w2/1099 job) ... is'nt the statute of limitation on "non-payment of taxes" (modest descriptive for "tax evasion"), 3 years ??? In which case exactly after 3 years you will be all legal (as far as your tax scenario goes)... if you do not get audited by then. I wonder what will be your GC situation by then?.... just throwing in some thoughts .. talk with attorney/CPA...they might be able to salvage the situation. One thing for sure, if you keep skipping interviews without getting some professional opinions...you are just wasting time and hurting your self. Do'nt dig the hole any deeper.
 
Thanks for all your advice.

Since my interview is tomorrow and I don’t have any of the documents I am planning to skip the interview again. :mad:

If I get the denial letter, is it possible for me to reapply my I-485 under the section 245(i)?

If I can, what are the documents do I need to reapply?

Thanks
 
dontrejectme said:
Thanks for all your advice.

Since my interview is tomorrow and I don’t have any of the documents I am planning to skip the interview again. :mad:

If I get the denial letter, is it possible for me to reapply my I-485 under the section 245(i)?

If I can, what are the documents do I need to reapply?

Thanks
Click to expand...

Do not just skip. Call to reschedule your interview
 
dontrejectme said:
Since my interview is tomorrow and I don’t have any of the documents I am planning to skip the interview again.
Click to expand...

Don't be surprised when USCIS gets fed up with you and rejects your case.

If I get the denial letter, is it possible for me to reapply my I-485 under the section 245(i)?
Click to expand...

Not unless you can provide a new supporting letter from your I-140 sponsor promising to hire you.
 
Dontrejectme

Do not miss your interview, I agree with the Real Canadian that you are grandfathered under 245i considering you had filed and received an approval on a Labor Cert filed on/before April 30 2001. Hire a competent attorney and take him/her with you to the interview if possible, also take the form 485A and a check for $1000. If you don't have any W2's or 1099's tell them you dont have any, 245i blankets illegal employment. Your greencard is for future employment not past. Just an FYi, the USCIS does not have jurisdiction to enforce laws that pertain to the IRS. Good luck!!

MNP
 
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