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who can explain this?

C

chimaintrouble

Registered Users (C)
My friend won dv lottery last year and at one time she worked without INS authorization, she is here on F1 visa and in good status. Now her attorney is advising her to go to her home country to process from there. Do different rules apply between adjustment of status and consular when it comes to illegal working? why will she be eligible to apply from CP when it doesn't work here? Just wondering.
 
Don't know. Maybe because consulates are less likely to check on such information? I can imagine the rate of people having taken a job illegally must be much higher among AOS winners because they are obviously already staying in the US. There is probably far less reason for a consulate to suspect you ever worked without authorization because they mostly cater to a different crowd of applicants.
 
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Because the law says so.
INA 245 prohibits her from AOS if she had unauthorized employment unless her GC application is based on employment or through immediate relative of US citizen, therefore CP is only option.
 
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GotPR? said:
Because the law says so.
INA 245 prohibits her from AOS if she had unauthorized employment unless her GC application is based on employment or through immediate relative of US citizen, therefore CP is only option.
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Even CP it will be taking chances because this person had violated the nonimmigrant visa.
 
F1winner said:
Even CP it will be taking chances because this person had violated the nonimmigrant visa.
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That's not the scope of this thead. THis thread is asking why AOS is not allowed to those violators, but CP is allowed. Answer is because the law says so. Whether visa gets granted through CP is totally different issue.
 
GotPR? said:
That's not the scope of this thead. THis thread is asking why AOS is not allowed to those violators, but CP is allowed. Answer is because the law says so. Whether visa gets granted through CP is totally different issue.
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GotPR where did you read that violators can get a way with CP ?
 
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Go to USCIS site and read the Immigration and Naturalization Act,Section 245.

There is no law which directly says that one cannot get GC due to unauthorized employment, but means to GC could be prohibited, such as by 3/10 year entry bar where those illegal workers are highly likely to have other violations which triggers it.
The law says AOS is not allowed, but if you aren't subject to 3/10 year bar, no law says CP cannot get GC.
 
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http://www.uscis.gov/propub/DocView/slbid/1/2/83?hilite=#0-0-0-278

(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if



(1) the alien makes an application for such adjustment,



(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and



(3) an immigrant visa is immediately available to him at the time his application is filed

(c) 1/ Other than an alien having an approved petition for classification as a VAWA self-petitioner, 1aa/ subsection (a) shall not be applicable to (1) an alien crewman; (2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 212(d)(4)(C) ; (4) an alien (other than an immediate relative as defined in section 201(b) ) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217 ; (5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S) ; (6) an alien who is deportable under section 237(a)(4)(B) ; 1a/ (7) 2/ any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3) , or who has otherwise violated the terms of a nonimmigrant visa.
 
I got your point now, then it appears like when doing CP as long as you maintained your F1 status and you don't have obvious ineligibilities then you're good to go.
However I came a cross the site below and it was confusing, could you please clarify for me if it has anything to do with DV procedures?

"Student visa abusers.-An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who violates a term or condition of such status under section 214(l) is excludable until the alien has been outside the United States for a continuous period of 5 years after the date of the violation."
source=http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
 
Sorry but it seems like i don't understand this rule , maybe you could explain it better. So if not having INS authorization is better to do a CP for sure?
 
CP and working

Coden13 said:
Sorry but it seems like i don't understand this rule , maybe you could explain it better. So if not having INS authorization is better to do a CP for sure?
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All attorneys advice that if you have worked minus permission they recommend CP, if you ask them why, they say it doesn't make you ineligible to get the immigrant visa as long as you are in good status. Could somebody explain this I too don't understand why or how!!!
 
Hi,

If you go back to your country the consulates access exactly the same info as USCIS here in the US. The systems are all connected. You're actually in danger of having your F1 visa cancelled if you go back home and they pick up that you've been working illegally.

I have a friend who worked illegally and won the DV lottery and was asked at his interview if he had worked illegally. He said yes and he still got it. I think that if they ask you, they likely already have the answer.

Hope this helps.
 
chimaintrouble said:
My friend won dv lottery last year and at one time she worked without INS authorization, she is here on F1 visa and in good status. Now her attorney is advising her to go to her home country to process from there. Do different rules apply between adjustment of status and consular when it comes to illegal working? why will she be eligible to apply from CP when it doesn't work here? Just wondering.
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unauthorized employment is a bar to adjustment of status. However, if she applies for an immigrant visa abroad, then she is only subject to the grounds of inadmissibility at Section 212 of the Immigration & Nationality Act, and unauthorized employment is NOT a ground of inadmissibility, and therefore poses no impediment to consular processing.Good luck
 
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