married to US citizen, overstayed F1 visa, was engaged in unauthorised emplyoment

S

socalgirl

Registered Users (C)
I recently got married to a US citizen. Entered US on F1 visa and hasnt left the country since then. Visa expired Oct 31, 2004. Has been out of status for more than 2 years. Used my Social Security # in getting part-time jobs as independent contractor. Received several W2s and never paid taxes. I know I will face two problems with immigration: a) overstayed the visa b) was engaged in unauthorized emplyoment. I know that in order for me to resolve the overstay I need to present an evidence that my spouse will undergo an immense hardship in case of my deportation. Has anybody been in a similar situation before and what kind of evidence they used to win the case? How about the unauthorised employment? If anybody been in a similar situation please let me know how it got resolved. Thank you in advance.

socalgirl
 
oh one more thing, I know how to prepare an application package to adjust my status. Does anybody still think I need to hire a lawyer and why? :)

thank you in advance.
 
socalgirl,

the need of lawyer in your case is more for the comfort than anything else. If you know what you're doing and feel comfortable, you probably don't need one.

I was in the same situation where I overstayed my visa and work as a contractor. Then I married a USC.

We hired a lawyer because we don't feel comfortable doing it ourselves. We didn't have any problems at all. We spent about $1500 for the lawyer who basically just preparing our docs, and sitting beside us during the interview.

So it's your call.
 
ok, but how did it go? did immigration give you hard time? Can you provide some details pliizzz? :) thank you.
 
Get a lawyer!

Here is what I experienced.

I hired an Immigration lawyer to help me filed all my paperworks. During interview, some IO might ask or not. Usually, it is case by case basis. I had my interview 2 weeks back and I was not asked any. But, some officer will ask you to pay all the taxes back( I think I saw one of the thread that mentioned about it) . Overstay and unauthorized employment are forgiven by most USCIS officer( I read from the thread too). Get a good immigration lawyer. He/She might burn a hole in your pocket but they can help you out. Good investment. Perhaps, life time investment.

Good Luck.
 
socalgirl said:
Received several W2s and never paid taxes. I know I will face two problems with immigration: a) overstayed the visa b) was engaged in unauthorized emplyoment.
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USCIS forgives illegal work and overstays for people married to USC. However tax evasion is a felony, so I would personally be more worried about that.
 
mikew151 said:
socalgirl,

the need of lawyer in your case is more for the comfort than anything else. If you know what you're doing and feel comfortable, you probably don't need one.

I was in the same situation where I overstayed my visa and work as a contractor. Then I married a USC.

We hired a lawyer because we don't feel comfortable doing it ourselves. We didn't have any problems at all. We spent about $1500 for the lawyer who basically just preparing our docs, and sitting beside us during the interview.

So it's your call.
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Did your lawyer put in application that you worked during out of status?
Did they Immigration officer asked anything about it during interveiw?

Thank you for reply
 
I'm not a lawyer but IMO, there's a difference between tax evasion and not paying your taxes. You just need to pay fine for not paying your previous year taxes. Submit some bogus numbers to IRS on your tax filing is one of tax evasion cases!
 
Greetings!

I am a USC, in process of sponsoring my parents for their greencard. The big issues here is that their F1 Student visa expired about 10years ago. They attempted to renew couple times in Canada but was denied due to lack of proper documentation.

HOWEVER, my parents have been renewing their I 20 and been in classes all during the past 10 yrs and continues to attend classes to date. My parents have never worked in US and have always paid taxes during their stay in US.

So my question is do they still qualify for filing 485 or do I need to hire an attorney to prepare a different case. Any recommendation for a good lawer in the Chicago area?

Thank you!
 
From what I experienced, a student visa only valid for entering the U.S. So, a valid visa is not necessary for you to be legally to stay in U.S. What's important once you're in the U.S. is to maintain your I-20 not to be out-of-status. Once it's considered out-of-status, you've to get a reinstatement.
sbkim said:
Greetings!

I am a USC, in process of sponsoring my parents for their greencard. The big issues here is that their F1 Student visa expired about 10years ago. They attempted to renew couple times in Canada but was denied due to lack of proper documentation.

HOWEVER, my parents have been renewing their I 20 and been in classes all during the past 10 yrs and continues to attend classes to date. My parents have never worked in US and have always paid taxes during their stay in US.

So my question is do they still qualify for filing 485 or do I need to hire an attorney to prepare a different case. Any recommendation for a good lawer in the Chicago area?

Thank you!
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sbkim

i think sbkim is son of micheal playing with you. hey sblkim get alife. your parents tried to renew from canada..and than how they got back here to usa. they been in classes for ten years...BS...the F-1 status expires in 8 years..no renewal their after unless get a new visa...Kabesh. They are out of sttaus..max stay is 8 years.OK
 
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