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  • waiver of inadmissability

    I am going to submit my i-485 soon. Marriage to USC adjusting from F-1 status. If i disclose that I worked without authorization on my 485 do i also need to file the waiver of inadmissibility form? I know that current law forgives working without authorization when filing an i-130 petition for alien relative, but I don't know if this is automatic or if you need to file an extra form for a waiver.

    A 2nd question.... Even though current law forgives it, you never know what might change under Trump. Does anyone think its better to not disclose that you worked without authorization? Even though the work that I have done is not trackable I had no other means to support myself for a period of time and am concerned that USCIS could ask me how I supported myself without working.

  • #2
    TBH, when it gets in territory like this, where you need to argue your case against obstacles due to conditions you don't completely fulfill, no one who isn't a trained immigration lawyer can give advice. Maybe you might find here someone who has gone through the process with a similar situation, but all of us who haven't will just feel that the question is beyond our experience. If you can afford it at all, get a competent (!!) lawyer.
    AOS from F1 OPT, full packet, c(9)
    06/06 Package sent to Chicago lockbox
    06/11 Package received
    06/11 PD
    06/18 4 email + 4 SMS notifications. NBC
    06/23 3 NoA received via mail. I-131 missing
    07/06 Biometrics notice, Anchorage for 07/12
    07/09 800 miles drive, 15 moose, 1 porcupine and 3 eagles later, walk-in biometrics
    07/17 Missing NoA for I-131 showed up in the mail
    08/23 Interview, Anchorage
    08/25 New card is being produced
    08/27 Case was approved

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    • #3
      Originally posted by Tamere View Post
      I am going to submit my i-485 soon. Marriage to USC adjusting from F-1 status. If i disclose that I worked without authorization on my 485 do i also need to file the waiver of inadmissibility form? I know that current law forgives working without authorization when filing an i-130 petition for alien relative, but I don't know if this is automatic or if you need to file an extra form for a waiver.
      No. You have no ban. There is nothing to "waive".

      Originally posted by Tamere View Post
      A 2nd question.... Even though current law forgives it, you never know what might change under Trump. Does anyone think its better to not disclose that you worked without authorization? Even though the work that I have done is not trackable I had no other means to support myself for a period of time and am concerned that USCIS could ask me how I supported myself without working.
      You must never lie to immigration.

      Also, this is not something that can be changed by Trump unilaterally without a law being passed by Congress.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by Tamere View Post
        I am going to submit my i-485 soon. Marriage to USC adjusting from F-1 status. If i disclose that I worked without authorization on my 485 do i also need to file the waiver of inadmissibility form? I know that current law forgives working without authorization when filing an i-130 petition for alien relative, but I don't know if this is automatic or if you need to file an extra form for a waiver.

        A 2nd question.... Even though current law forgives it, you never know what might change under Trump. Does anyone think its better to not disclose that you worked without authorization? Even though the work that I have done is not trackable I had no other means to support myself for a period of time and am concerned that USCIS could ask me how I supported myself without working.
        Please list all the places where you?ve worked and currently working. Don?t lie.
        C9 Spouse of USC
        NYC Filer
        04/13/18 - PD
        05/04/18 - Bio notice
        05/23/18 - Bio completed
        09/18/18 - RFIE mailed
        09/22/18 - RFIE Rcv'd
        10/09/18 - Responded to RFIE
        10/10/18 - USCIS Received RFIE
        10/12/18 - Text & email Update from dhs rcv'd response to RFIE
        10/12/18 - Submitted a SR form I-765
        10/25/18 - Case is ready to be scheduled for an interview
        11/14/18 - Submitted 2nd SR for form I-765
        11/26/18 - NOA for I765
        11/30/18 - Rcv'd SS card
        12/06/18 - Rcv'd EAD

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