Need some Advice

eddie_240

Registered Users (C)
If a derative asylee who petion has not been approved yet and has been working without papers and filing taxes every year came into the country legally. Can the USCIS reject the petition because he/she has been working illegaly.

Any advice.

Thanks

Ed
 
eddie_240 said:
If a derative asylee who petion has not been approved yet and has been working without papers and filing taxes every year came into the country legally. Can the USCIS reject the petition because he/she has been working illegaly.

Any advice.

Thanks

Ed


should not have an impact on the I-730. But remember working illegally exposes the person to other penalties.
 
What other penalties? My question is how is a person suppose to survive if they don't get papers to work and their case is pending for years.
 
Asylees (all of them, including derivative asylees)-if I am not mistaken- do not need any documents to work. They all have the right to work for as long as they are in asylum status.
 
eddie_240 said:
If a derative asylee who petion has not been approved yet and has been working without papers and filing taxes every year came into the country legally. Can the USCIS reject the petition because he/she has been working illegaly.

Any advice.

Thanks

Ed

I believe once you filed for asylum, directly or derivative, you have a right to apply for a work permit. What do you mean 'working without papers'? Once you apply for a benefit, even it hasn't been approved yet, you have a right to work. Unless the law has changed and I am not aware of it.
 
Ok I am getting a bit confused here. When the asylum is approved for the principal applicant does this means it has also approved the deratives applicants also at the same time and the deratives can work right away they don't have to wait for the I-730 to be approved am I correct.
 
eddie_240 said:
Ok I am getting a bit confused here. When the asylum is approved for the principal applicant does this means it has also approved the deratives applicants also at the same time and the deratives can work right away they don't have to wait for the I-730 to be approved am I correct.

No, derivatives are NOT automatically appproved.

The asylum application form gives you the option of including your dependents (who are in the United States with you) in your request for asylum. When the USCIS grants asylum to an applicant, the asylum approval letter will notate names of the dependents who were properly included in the application AND are being granted derivative status at the same time. They also receive separate I-94 cards.

If they are not included properly in the asylum application you must go throught the I-730 process. And only an APPROVED I-730 allows you work. A pending I-730 does not allow you to work.
 
Thankful,

As you mentioned that an I-730 petion cannot be rejected because a person has been working illegally and paying taxes. But what penalties would he/she be exposed to.

Please advise

Thanks

Ed
 
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