Question about unauthorised employment

I

Iluvus

Registered Users (C)
I understand that Out of Status is forgiven if married to a USC. But is unauthorised employment also forgiven? Say the spouse was working b4 she fell out of status but she still remained working, would that pose a problem when trying to adjust her status? and can she use her employment salary in addition to her husbands to sponsor herself when applying for AOS?

Thanks
 
My understanding is that the "previous" unauthorized employment is forgiven not the "continuous" unauthorize employment and the person in adjustment of status must wait for the document that authorize him/her to work.

I don't know how a person can put her "unauthorized" employment as part of the affidavit of support.
 
Iluvus said:
I understand that Out of Status is forgiven if married to a USC. But is unauthorised employment also forgiven? Say the spouse was working b4 she fell out of status but she still remained working, would that pose a problem when trying to adjust her status? and can she use her employment salary in addition to her husbands to sponsor herself when applying for AOS?
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One can run AOS even though s/he did unauthorized work if they married to US citizen, but it does not mean unauthoized work is allowed. It is 100% illegal.

I hope this will not encourage would-be-married-to-USC to do unauthorized work knowingly.
 
Thanks cherr1980 and GotPR for your prompt reply.

cherr1980 said:
My understanding is that the "previous" unauthorized employment is forgiven not the "continuous" unauthorize employment and the person in adjustment of status must wait for the document that authorize him/her to work.

I don't know how a person can put her "unauthorized" employment as part of the affidavit of support.
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So in other words, on the G-325 form where they ask for last 5 yrs of employment, she should only include employment up to the time that she fell out of status? How about if she's been filing taxes even after she fell out of status (cos they still take out federal taxes from her paycheck) would that be a problem that she didnt include that period in the G-325?


GotPR? said:
One can run AOS even though s/he did unauthorized work if they married to US citizen...
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How about if she's currently still working while filing the AOS, should she mention that in her application? If so, can she then include her wages in the affidavit of support?
 
query11 said:
interesting...what about the 12 million people who worked illegally?
there has to be some work around for u...
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Whoever enters the US w/o inspection is not allowed AOS even with marriage to USC.

How about if she's currently still working while filing the AOS, should she mention that in her application? If so, can she then include her wages in the affidavit of support?
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Quit immediately. She must disclose unauthorized work no matter if she did it past or is doing present. I do not know if illegal profit can be included in affidavit, but probably not as it is not legitimate income.
 
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Please clerify this

Iluvus[U said:
]I understand that Out of Status is forgiven if married to a USC. [/U] But is unauthorised employment also forgiven? Say the spouse was working b4 she fell out of status but she still remained working, would that pose a problem when trying to adjust her status? and can she use her employment salary in addition to her husbands to sponsor herself when applying for AOS?

Thanks
Click to expand...

Hello all,

Could anyone please clerify the underlined please. What does it means. TO be excact forgiven of what, how?

I should change my name to Dummie?

Thank a lot.

~Dummie to be for now,
 
It is call "forgiven" because by the current immigration law a person who is consider an immediate relative of a USC (spouse, parents and children under 21 years old) are still consider eligible to apply for adjustment of status even they have overstayed their visa or out of status or was in an unauthorize employment. For example, a person who is the spouse of a US citizen and was on F1 (student visa) and stay after the expiration of the visa is eligible to apply for adjustment of status.

This "forgiven" is just taking in consideration that the person is just "eligible" for certain benefits. Does not imply a "permission" to do so.

A person who enter without inspection and even is an immediate relative of a USC cannot adjust status, even if is the spouse of a US citizen. Unless that person had a petition filed in his/her behalf before April 2001, you can look more about the 245(i).

For more information go to www.uscis.gov
 
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cuties said:
Hello all,

Could anyone please clerify the underlined please. What does it means. TO be excact forgiven of what, how?

I should change my name to Dummie?

Thank a lot.

~Dummie to be for now,
Click to expand...

One is in-eligible to apply for AOS if overstayed, or illegaly worked. If you are married to a USC, you are automatically eligible to apply for AOS eventhough you had worked illegally in the past and/or overstayed your legal stay(This is what the term 'Forgiven' means. Overstay and illegal employment is forgiven and applicant is allowed to file AOS). This however does not mean that one continues to work without permission after applying for AOS, a valid EAD is required in order to work.
 
Thank you both

Ari4u and Cherr1980 thank you so much. My case was approved as you may aware of, Iasked because of one of my friend who was entered the US legaly but over stay her visa and just got married to a USC and unfotunatly she needed to leave the US. due to her father illness. Will the 10 years bar apply to her?

Thank you.
~C
 
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