Worked W/O CIS Permission during F-1 - any prob during CZ ?

Handsome1 said:
The attorney is talking about sending $ 1000 is actually for MY peace of mind.

Do you honestly agree that it is okay for an attorney to give deliberately false, inaccurate and misleading information to his/her client (or to anyone) just because the sake of client's "peace of mind"? By doing so, attorneys like your one, give a bad name to this profession.

A honest attorney doesn't play diplomacy, nor s/he always says something what their clients want to hear out based upon inaccurate/misleading information. This attorney always stands up for right for the best interest of his/her clients. I think clients should respect such attorney than those who deliberately mislead them for the sake of "peace of mind".

Rather than defending this attorney, you should have been terribly mad upon him for giving you such a bad advise, unless you still don't realize that your life could have negatively jeopardized (like deportation) because of such a wrong advise. I guess you are not aware of the fact that millions of people were deported because of the wrong advises given to them by their attorneys.

It's seemed to me that it is perfectly okay for you to receive wrong/false/misleading information so long you could have a "peace of mind", right? But then I wonder what kind of "peace of mind" that would be in the end? Don't think that there is something wrong in you as you accept this kind of behavior so normally? Besides, tell me what is more important to you- right and accurate information to make a right decision, or false/misleading information for the sake of “peace of mind”? Don't need to give any further explanation on this. Again, I guess-different people and different thinking.

If I were you, I would have damned the shit out of this attorney for providing a complete misleading information for the sake of "peace of mind", which could have caused me a "nightmare" in the end. Shame on him.
 
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Handsome1 said:
IF IF IF i am asked during interview about it then i will speak the truth & basis will be i do qualify under 245(i) but failed to file the correct form & $ 1000 fine.

If you claim that you were actually qualified to file I-485 under section 245 (i) but failed to file the correct form and $1000 then you cannot keep the current green card that is approved under a different category. USCIS will revoke your this green card upon known all the facts on this, and would place you on deportation.

You cannot say that you STILL qualify under sec. 245 (i) even though you might be eligible for it in the past. Past is over, when you chose not to adjust your status under the right category. And now is present when you cannot rectify your previous mistake by replacing a category of section just like that. In order to do so USCIS would need to first strip you out your Permanent Residency by revoking your green card. Then, they would have to place you under Removal Proceeding in front of Immigration Judge. And only then, if you would believe that you still qualify for a green card based upon current situation and laws then Immigration Judge MAY grant your Permanent Residency as if from the beginning.

So, you choose your path. If you would brag about your past eligibility then you need to loose this green card first and be on Removal Proceeding before you can even fight for right category. Therefore, it would be better to keep your mouth sealed, and should not try to give "too much” extra information to USCIS or bragging about your past eligibility. Try to learn to lay low in the game of immigration with USCIS. That's the name of the game, and good players know this well. Good Luck.
 
bamako said:
How USCIS can verify if someone ever checked yes to be us citizen on any application? I am just currious

USCIS has no way to know whether or not applicant has ever claimed to be a US citizen unless someone reports to them about applicant having claimed to be a US citizen, or if applicant's job is carefully investigated by USCIS wherein USCIS believes that such job is supposed to be reserved for US citizens only, or if someone has voted as a US citizen and USCIS comes to know somehow about this voting.

Recently a case came in picture, wherein a female from Afghanistan who had been living in the US since 1980. She studied here in ivy school/college, got married and has US born children. She filed for Naturalization recently. During the processing of her case or interview, adjudication officer noticed that she was working for US Department of Environment. It surprised the officer. Because, officer believed that only US citizen could work for that job. So, officer requested the job application that this lady filed with US Department of Environment when she applied for the job. By reviewing that job application, it came to know that this lady claimed to be a US citizen on her job application to get that job. USCIS, not only denied her citizenship application, but also deported her. Right now, she is in Afghanistan and an activist for Environment protection. There is no chance for her to return to US.

Never even think to claim to be a US citizen, verbally or written, if you are not a US citizen. Because, you never know how USCIS might be able to find out about this.
 
JohnnyCash said:
USCIS has no way to know whether or not applicant has ever claimed to be a US citizen unless someone reports to them about applicant having claimed to be a US citizen, or if applicant's job is carefully investigated by USCIS wherein USCIS believes that such job is supposed to be reserved for US citizens only, or if someone has voted as a US citizen and USCIS comes to know somehow about this voting.

Recently a case came in picture, wherein a female from Afghanistan who had been living in the US since 1980. She studied here in ivy school/college, got married and has US born children. She filed for Naturalization recently. During the processing of her case or interview, adjudication officer noticed that she was working for US Department of Environment. It surprised the officer. Because, officer believed that only US citizen could work for that job. So, officer requested the job application that this lady filed with US Department of Environment when she applied for the job. By reviewing that job application, it came to know that this lady claimed to be a US citizen on her job application to get that job. USCIS, not only denied her citizenship application, but also deported her. Right now, she is in Afghanistan and an activist for Environment protection. There is no chance for her to return to US.

Never even think to claim to be a US citizen, verbally or written, if you are not a US citizen. Because, you never know how USCIS might be able to find out about this.


Hi JohnnyCash,

I'm really impressed by your knowledgeable answers, and was wondering if you can you put some light on my case as well, my interview is coming up next month. And I have this issue, I signed for voter registertion card UNKNOWLY and BY MISTAKE at the DMV office, I was there to get my state ID.
And apprently signed everything w/out reading what the clerk was making me sign, and as it turned out I signed voter registration form which had at the bottom, in small prints, that by signing this form one is caliming to be the US citizen.

Although I cancelled my voter registration card later and they send me a sealed enevelope to present to INS officer at the time of the interview(the letter states that voter registration card is issused to me in error, they cancelled it and I never voted), but still damage had been done. I consultated atleast 4 attornays on this issue. half of them said that my case is hopeless , half said it could be done. other than that I have heard atleast 3 cases where ppl were registered for voter registratin card(don;t know the detail though, how they got registrated), and they had been granted citizenship.

Any input on this situtation is highly appreciated.

Thanks
 
I was not falling with the attorney about paying the fine now. Before i file i wanted to find out if there is ANY such PROVISION by law?. You are right his opinion about paying fine now would have create more problems. The least i can do is not to go to him again.

Back to my case, Joef is very firm advocate not to lie on the CZ application. JonnyCash is saying not to disclose this fact to CIS 'coz it will ruin everything. I personally agree with both but i think i should take the chance by not disclosing the fact.

As i said, the ONLY way CIS can find out if they get info from SSA. They will simply see the SS tax that i paid during F-1 years. If generally CIS do not get info from SSA then i think i can get away by not disclosing the fact. What is the chance of CIS getting info from SSA??

To answer the question how JonnyCash has vast knowledge, i believe he is an Immigration attorney..correct me if i am wrong.
 
Handsome1 said:
What is the chance of CIS getting info from SSA??

It has been cleared to me now that you did not bother to read my ealrier postings as attentively as those should have been; otherwise you had not asked the same question again, which has been already answered in very detail. Perhaps, you are hoping to hear something different answer to your questions; otherwise I wonder why did you ask same questions over and over.

Nevertheless, let me repeat again. I told you earlier that as per law, SSA and IRS are not allowed to share any information with USCIS except very limited ones. So, the straightforward answer to your question is-the chances are NONE to ZERO for USCIS to get your so long ago information from SSA.

Secondly, since you did not bother to read my postings well on your situation then let me repeat again. As I told you very clearly that an issue of violation of F-1 visa like you were involved with previously, becomes completely dead/mute once a green card is issued. With that note, nothing would be questioned about this anymore. Trust me.

In case if you do want to disclose voluntarily about it to USCIS then I've nothing to say to you except that you would make a stupidest mistake of your life. You may ask any immigration attorney, they all would say the same that NEVER disclose about it voluntarily to USCIS.

Last note: Always remember that not saying (disclosing) about something is not same as lying about that something. Good Luck.
 
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ip_everywhere

I did receive your PM, and I did read your situation on this thread previously. However, you should know that I'm not obligated to answer to any post/situation even though someone calls my name for my input or send PM to me. I choose to answer only those posts, which seem important to me in my opinion. Besides, I'm a very busy person. Means-I've other more things also in my life to deal with it. Hope, you now understand my situation.

About your specific situation then you must need to know first that whenever you would sign anything then you will be legally responsible for all the facts written on the paper that you are signing even if you might want to call it "unknowingly", or "by mistake". And then it wouldn't be a matter whether you were able to read it thoroughly or not before signing it. Because if a document was not read before it’s signing then it was your stupidity, and not anyone else. Therefore, you would always need to prepare to pay the price for your mistake. You cannot expect everything to go away just because you want to. Every action has its reaction. Besides, nobody pointed a gun on you to have signed that Voter Registration. So then, how can you even say now that clerk at DMV was "making to sign" you? It is seemed nothing more than just a lame excuse.

To be honest, your case would completely be on the mercy of adjudication officer, depending on how officer would take this issue as to his/her own judgment on this. Why? Because, even though you had cancelled your Voter Registration Card (obviously later on), yet the fact still remains untouched that you DID claim to be a US citizen, one way or another, regardless of whatever tales you might now have to justify it. And, even though you did not vote, that doesn't mean that you did not claim to be a US citizen.

Further, if you are following up or reading my posts for a while on this forum then you obviously know that I don't care what other people (including attorneys) have to say about a particular situation. Because, I express opinions based upon my OWN knowledge about facts/laws/experiences, and not based upon other people's knowledge. With that note, I would say-

(1) Have you realized that you are a VERY lucky person as you have a letter from DMV wherein it states very clearly that a Voter Registration Card was issued to you BY ERROR, and it also states that you never voted? This letter is a deal breaker in your case. Why? Because, even if USCIS might find out somehow about you having registered for a Voter Registration Card as claimed to be a US citizen, they would still believe that it was because of the mistake of DMV. And, they would also believe that you have nothing to do with this at all. That means- you have a "lifesaver" (DMV letter) in your possession, which could definitely save you from deportation, which could have been a done-deal in your case otherwise. By making such statement on that letter, DMV is taking the whole fault on itself rather than blaming you for this even though you are 100 billion % guilty for this. How strange is that some people can easily get away even though they might have done a grave mistake in their life, but on the other hand-it is almost impossible for others to get away even though they were involved in a petty stuffs. It is very strange, isn't it? By the way, I'm wondering how did you know what is written in DMV letter if letter is sealed. Did they give you the copy of that letter too for your record?

(2) It is very likely that USCIS would never find out that you ever registered for Voter Registration, especially when I already told you previously that USCIS has no way to know whether or not someone claimed to be a US citizen except in a very limited obvious situations. This might also be the reason why some people were able to get away being in this situation. That means-you will also get away for doing "murdering". Just kidding. Means-all this mess won't create any problem to you as you have a "magic torch" in your hand, obviously DMV letter.

Just a final note. Never compare your case with someone else. Just because other people were able to get away in the past, that doesn't mean that you will get away too. Don't you know that each adjudication officer is different and unique in his/her thoughts/modus operandi? Do you think the same officers who did not take this issue as seriously with other people will interview you? Each case is unique and individual. You cannot generalize your own case based upon others. And, always remember-you will always be responsible for your action, even if you might say it otherwise.

Good Luck.
 
Jonnycash ... Thanks a million for your input in this thread. Appreciate it !!!!!!

I think now this case is well discussed & well resolved.

THANKS EVERYONE !!!!
 
Handsome1 said:
Jonnycash ... Thanks a million for your input in this thread. Appreciate it !!!!!!

I think now this case is well discussed & well resolved.

THANKS EVERYONE !!!!
so what happened to your case handsome1?

sOnY
 
Handsome1 said:
Hello,
I got my GC thru employment. Now i am ready to file for CZ. First i came on F-1, then H-1, finally GC. When i was on F-1, i worked off-campus & employer paid SS tax. So if CIS system is linked to IRS then they will find out that I workred during my F-1 status. I did not drop out from any semester & maintained my F-1 status. So it is imposible to say that i was out of status by looking at my sequence of my semesters & transcripts / I-20.

Has anyone faced any problem with similar situation & had you had any issues during CZ interview?. Please advise. Thanks in advance.
So, Handsome, what happened in your case? Please updates us under the following thread :
http://www.immigrationportal.com/showthread.php?t=200546

Thank you so mcuh,
Sony
 
I think Johonny Cashs answer makes a lot of sense. I just wanna say that i have the same problem handsome has, I worked on payroll without permission while on F1, i applied for GC through marriage, and got it too. However I did file for taxes with my wife then even though I wasn't a resident then. I was not asked anything about it during conditional interview, I don't think they knew anyways...i am sure it will pop up when doing naturalization..... Thats why i am not sure if i am going to apply for citizenship.... What do you recommend Johnny Cash ??????????????????????
 
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