Immigration Site

Hello all I am in the final stages of filing through my US citizen spouse and want to get clarification.

In 2002 when I lost my H-1B job lawyers suggested working with my legal social security card without any restrictions from my high school days in the mid 80’s and valid current driver’s license to work. They suggested this given that I was dating a US Citizen girl at that point and we thought we were going to get married soon and get my status adjusted. However, that relationship, nor another one after that did not work out till 2009 when I met my wife, led a group together in our church for about six months, then dated for about eight months and decided to get married given we were both in our 30’s and knew what we wanted.

Also, I got laid off in September of last year and with more jobs requiring Green cards, with us getting older, parents wanting to see us married before a long trip to India, we married after a two month engagement.

Here is what we need help on, to work my lawyers told me I could use my legitimate drivers license and social security card without restrictions and I used these two documents for my last two jobs, checking the box “An alien authorized to work,” and giving my Admission/i94#.

I am afraid during the adjustment of status process, someone could say that I “willfully” misrepresented a material fact because I came of an H-1 and should have known better to work without authorization. Do I need to get a lawyer. My wife and I have been in this country since age fourteen till now at thirty eight and thirty three respectively and here is where all our immediate family members are citizens and all our primary relationships and it would be very difficult if we have to leave.

Your thoughts and experiences will be much appreciated. Will go to the San Francisco Office. Paid taxes for all periods worked and filed jointly for 2010 as we got married before the end of the year.

In 2002 when I lost my H-1B job lawyers suggested working with my legal social security card without any restrictions from my high school days in the mid 80’s and valid current driver’s license to work. So your lawyers told you to break the law and work illegally because your unrestricted SS card allowed you to get away with it. Interesting.

Also, I got laid off in September of last year and with more jobs requiring Green cards, with us getting older, parents wanting to see us married before a long trip to India, we married after a two month engagement. Did you travel to India? Or you referring to your parents traveling to India?

If you traveled to India or otherwise exited the US after overstaying your H1B by more than 180 days, thats big problems for you.

Thanks, referring to parents travelling to India, I have not left the country since going out of status.

Will such employment be forgiven, how should I address it during the interview and application process. Do I need an experienced lawyer?

Since you entered with a valid visa and are married to a US citizen, if you file for adjustment of status and remain in the US until the green card is approved, your unauthorized employment will be forgiven. Unpaid taxes wont be forgiven, but it appears you dont have that problem, assuming the employers withheld your taxes and you filed tax returns. Youre just lucky those employers didnt use eVerify and ICE didnt fully audit or raid your employers.