Interview Tomorrow / worked while out of status

[ChicagoVB]

So our interview is tomorrow, we have our binder of docs and front loaded our application. I think we are fully prepared for any questions during the interview, except one. My husband was out of status for 4 years before we got married and worked without authorization. The lawyer we hired to review our docs said to disclose that on the application, plus they would see his tax returns anyway. Has anyone who has gone though the interview been asked about this? Our plan was to answer that he needed to financially support himself during that time, but wanted to know if anyone else had experience with this?

[UScitizenFilingforspouse]

So our interview is tomorrow, we have our binder of docs and front loaded our application. I think we are fully prepared for any questions during the interview, except one. My husband was out of status for 4 years before we got married and worked without authorization. The lawyer we hired to review our docs said to disclose that on the application, plus they would see his tax returns anyway. Has anyone who has gone though the interview been asked about this? Our plan was to answer that he needed to financially support himself during that time, but wanted to know if anyone else had experience with this?

If you filled out the forms accurately, then USCIS already know your husband worked without authorization. Doing so is not an issue for Immediate relatives of US if he worked under the table and was never on the books. However, if impersonated someone or bought a counterfeit Social Security Card/Number or bought a counterfeit passport, that's an issue. You get the idea.

It sounds like worked using an ITIN and that's fine. The Officer may verify with your husband when and where he worked OR they may not even get to that question. Given that you front-loaded your application, and are bringing a boat-load of evidence to the interview, I anticipate you will likely be approved on the spot or shortly after the interview.

All the best,

USCFFS

[ChicagoVB]

Ok, thanks! Nothing was counterfeit and it was all under the SSN provided to him with his first work approval

[UScitizenFilingforspouse]

Ok, thanks! Nothing was counterfeit and it was all under the SSN provided to him with his first work approval

Your lawyer should have explained that to you, though. I am surprised they didn't.

[ChicagoVB]

He said it shouldn't be a big deal, it is a minor infraction, but still a violation of the terms of his visa. So I wanted to ask on here if anyone had actual experience with it.

[UScitizenFilingforspouse]

He said it shouldn't be a big deal, it is a minor infraction, but still a violation of the terms of his visa. So I wanted to ask on here if anyone had actual experience with it.

USCIS "forgives" unauthorized employment if you are an Immediate relative of a US citizen.

[ChicagoVB]

Where did you read that?

We were told it will likely not be an issue but under the new administration minor infractions that were let go before are being more scrutinized

[UScitizenFilingforspouse]

Where did you read that?

We were told it will likely not be an issue but under the new administration minor infractions that were let go before are being more scrutinized

That's always been the case. That has not changed. Feel free to search through the USCIS policy manual on the USCIS website. I also have not read of anyone having any issues thus far.

[ChicagoVB]

I found it, thanks! It is under Section 245 k

B. Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. [2]

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

?The applicant is now employed or has ever been employed in the United States without authorization;

?The applicant is not in lawful immigration status on the date he or she files the adjustment application;

?The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

?The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

?The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

?The applicant has ever violated the terms of his or her nonimmigrant status.

[UScitizenFilingforspouse]

I found it, thanks! It is under Section 245 k

B. Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. [2]

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

?The applicant is now employed or has ever been employed in the United States without authorization;

?The applicant is not in lawful immigration status on the date he or she files the adjustment application;

?The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

?The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

?The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

?The applicant has ever violated the terms of his or her nonimmigrant status.

Yup, that's it. I think that's also listed on the I-485 instructions. He should be fine.