worked without authorization can i adjust status through marriage

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cyrus2ke

New Member
Hi everyone,

I have immigration questions and i hope someone will be able to help me.

I came in to the U.S in 2003 as an F1 student. I faced hard economic time and requested my college for Financial help but unfortunately they had none for international students, but they help me get a Social security # so that i can work the the college for 20 hrs. The money i got was not enough to meet my living cost and therefore by December of 2003 and went to look for a job out side the college which is not allowed for F1.

I have been working ever-since then as a Technician but my employer had no idea that I'm working illegally or am not a citizen.

Last year July i married a U.S citizen.

We are scared of adjusting my status because we understand that Working without authorization is illegal, and that can result to INS deporting me and we will never be able to see each-other again.

Please Help.
 
well to be honest with you, its not favorable and some officers don't like it at all, and may give you a hard time because of it. but there's no need to not start your process. as long as you prove that you came into the country legally and you are law abiding citizen by paying your taxes, you can explain your case, that you had hardship blah blah. lots of ppl work illegally. its not a good thing, according to the law, but i highly doubt that your going to get deported because of it. just don't go and tell them that you worked illegally unless they ask you. then be honest. otherwise keep it to yourself. so don't stress!!
 
cyrus2ke said:
Hi everyone,

I have immigration questions and i hope someone will be able to help me.

I came in to the U.S in 2003 as an F1 student. I faced hard economic time and requested my college for Financial help but unfortunately they had none for international students, but they help me get a Social security # so that i can work the the college for 20 hrs. The money i got was not enough to meet my living cost and therefore by December of 2003 and went to look for a job out side the college which is not allowed for F1.

I have been working ever-since then as a Technician but my employer had no idea that I'm working illegally or am not a citizen.

Last year July i married a U.S citizen.

We are scared of adjusting my status because we understand that Working without authorization is illegal, and that can result to INS deporting me and we will never be able to see each-other again.

Please Help.
Click to expand...

Overstays and unauthorized employment are usually forgiven to spouses of USC. There is a form, called the I485A, which can be filled out as a sort of amnesty if you were employed illegally ---- it comes with a whopping filing fee of $1000. As far as I remember, it says in the instructions of the form that spouses of US citizens do not need to file it, implicitly implying that it is forgiven to them anyway.

Download the form from the website and read the instructions and the form itself carefully ---- I think you'll get the answer there. I would do it for you, but I am tired ---- have a big memo due for Monday and have been carving my way through it.
 
That does not apply to him. Cyrus, you will be okay.

Cyrus does not have to fill out any I-485A.
For more information on Adjustment of Status you should go to www.uscis.gov and read the instructions carefully. Seat down and read all the instructions and forms, can be confusing at first but they are not.

Check this please, go to the part that says "otherwise eligible immediate relatives"

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

Immediate relatives of USC (e.g. spouses, parents and children under 21) are ELIGIBLE to apply for adjustment of status even they overstayed their I-94 and worked illegaly. The most important part is that in any case you must be INSPECTED by the time you enter, which I think you are okay since you entered as F1.

The I-485A is within the provision of the 245i (a.k.a. amnesty) that does not apply in this case. This form is use if the person is not a spouse or child (see below) of a USC, it's eligible because is within the factors that apply for this provision (e.g. enter without inspection) and had a petition filed in s/he behalf before April 2001 as per instructions when this came up. There is a note on the first page of the form of I-485A that states the following: "If you are applying to adjust as the spouse or unmarried minor child of a US citizen or the parent of a US citizen child at least 21 years of age, and if you were inspected and alwfully admitted to the United States other than in C-1 or S nonimmigrant status, yo do not need to file this form".

In any case the eligibility list on the first link still rules.

Good luck,
 
Last edited by a moderator:
cherr1980 said:
That does not apply to him. Cyrus, you will be okay.

Cyrus does not have to fill out any I-485A.
For more information on Adjustment of Status you should go to www.uscis.gov and read the instructions carefully. Seat down and read all the instructions and forms, can be confusing at first but they are not.

Check this please, go to the part that says "otherwise eligible immediate relatives"

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

Immediate relatives of USC (e.g. spouses, parents and children under 21) are ELIGIBLE to apply for adjustment of status even they overstayed their I-94 and worked illegaly. The most important part is that in any case you must be INSPECTED by the time you enter, which I think you are okay since you entered as F1.

The I-485A is within the provision of the 245i (a.k.a. amnesty) that does not apply in this case. This form is use if the person is not a spouse or child (see below) of a USC, it's eligible because is within the factors that apply for this provision (e.g. enter without inspection) and had a petition filed in s/he behalf before April 2001 as per instructions when this came up. There is a note on the first page of the form of I-485A that states the following: "If you are applying to adjust as the spouse or unmarried minor child of a US citizen or the parent of a US citizen child at least 21 years of age, and if you were inspected and alwfully admitted to the United States other than in C-1 or S nonimmigrant status, yo do not need to file this form".

In any case the eligibility list on the first link still rules.

Good luck,
Click to expand...

Cherr1980:

Thanks for looking up the language. I think I made it clear to the OP that it does not apply to him --- the only reason I referred him to the form is, because I wanted him to read the language on the form to give him peace of mind. I had read the form before and remembered seeing that, so I referred him to it.

What I should have done was to pull the form and give him the language for the form, but as I said, too tired, too much to do.

But you kindly pulled the info for him ---- thanks.
 
Oh no worries...I know that you said that does not apply to him...the problem is that I started to do the writing...and forget to delete that part...upps me bad. I was going to put only the part of "otherwise eligible immediate relatives"...so since you are a law student I knew what you was saying...but sometimes you must be more explicit since people really don't go to uscis.gov first and then ask here. And I know what you mean with "too tired"...I mean I had long time to not log on in here...too busy and sometimes really is just about a google search hehehe.
People get totally upset about so wrong bad information from "mouth to mouth" so when they come here they expect the worst and then realize they missed an opportunity, they did file the wrong forms or was nothing to worry about and move forward.

But thanks! I hope you did not think I was thinking you were giving a bad info since it was not...I did not complete what I was deleting...after that I did something else...normally I check what I wrote and then edit what I need to edit...and what I did here was I delete a third paragraph that was saying the same of the first line and did not realize the first line, so I deleted but then I let the first one that says "that does not apply to him" I did not delete it! so the only should be was from"check this please..." until "...rules" See the confussion? have a good day :)

I need more coffee...
 
I need more coffee...[/QUOTE]

You and I both!

Thanks for your nice message --- no offense taken at all. Just wanted to make sure I came across clear.

And yes, you are correct -- it applies to immediate relatives - I just mentioned spouse, since that was his particular situation. Should have spoken to the broader audience I suppose.

Take care
 
I read above one of the poster said that dont tell them you worked illegally unless you are asked by them. I dont agree with this personally.

As you will see in the I-485 and the Bio sheet you have to fill out you need to put down ALL your employers for the past 10 years. Now omitting your tech job is a double edged sword. As if you tell em, they may give you a hard time about it ,and if you dont and they find you then you will be lying on your form which may land you in a bigger soup.

I have seen someone who worked illegally and over stayed her visa and declared that she worked as a bar tender . she was made to pay back taxes and IRS penatilities but they let her go.

So in your situation, have you been paying taxes on your tech job ? if yes it is good that you havent cheated uncle sam, however , it will be in your tax transcript. If you have worked off the books then it's your personal decision.

Disclaimer : This in not legal advise.
 
bps01 said:
I read above one of the poster said that dont tell them you worked illegally unless you are asked by them. I dont agree with this personally.

As you will see in the I-485 and the Bio sheet you have to fill out you need to put down ALL your employers for the past 10 years. Now omitting your tech job is a double edged sword. As if you tell em, they may give you a hard time about it ,and if you dont and they find you then you will be lying on your form which may land you in a bigger soup.

I have seen someone who worked illegally and over stayed her visa and declared that she worked as a bar tender . she was made to pay back taxes and IRS penatilities but they let her go.

So in your situation, have you been paying taxes on your tech job ? if yes it is good that you havent cheated uncle sam, however , it will be in your tax transcript. If you have worked off the books then it's your personal decision.

Disclaimer : This in not legal advise.
Click to expand...


The issue discussed above was not so much, should one declare unauthorized employment as whether unauthorized employment is usually forgiven.

Even though it is usually forgiven, not me nor Cherr ever advocated that it should not be declared. I believe it should --- usually it is less damage that way than if the lie is discovered later.
 
i didn't say that it should not be declared on the forms....what i meant is that unless the IO starts talking about working in the past, the immigrant shouldn't just go and start blabbing abt it......it's a don't ask don't tell type of thing.....of course i am not advocating omitting this info from the documents when filling it in. if they find out abt it and it's not in the filed documents, it wouldn't look good. i clearly said in my post, unless asked, don't volunteer. if it's asked, then be honest.

also i don't know if they would give a hard time, but i'm sure they wouldn't like it. this process is not a given right just because we are married to citizens, it's a privilege so we shouldn't assume that they are going to forgive everything or at least not look at some aspect in a distasteful light!!!
 
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