Employment prior to I-485 filing

[abolero]

I came to the states from Chile back in 2000. I obtained an I-130 through my sister with a priority date of APR 2001. It has been brought to my attention that as of the AUG 2010 Visa Bulletin, my date is now current (before 01JUN01) and I can now file for an I-485 and get my EAD and AP papers.

Well, one cannot exactly expect to remain unemployed and survive for 10 years without some sort of income. So, like many others, I got a generic tax id (not a social security number) and found work. My employer withheld taxes using the tax id. So, yeah, technically I have been working prior to my EAD.

As I read the instructions for the I-485, it says that I would NOT be eligible for adjustment of status if I was employed prior to issuance of an EAD by the USCIS.

So, my question is ... does this really matter? Do I admit that I was employed? I did pay taxes. Or, do I pretend that I've been surviving off of some rich relative for 10 years?

I've had people tell me that I need to give the USCIS the tax id that I've been using, but that freaks me out because the instructions say that I would be ineligible!!!!!

Help!!!!

-Alina

[abolero]

I'm thinking that Supp A to the I-485, with the $1000 penalty (eeek) might be what I'm after. http://www.uscis.gov/files/form/i-485supainstr.pdf

[daru786]

Congratulations!!!!!!!!!!!
You are protected under 245i, so if you were employed or un-employed you CAN file for adjustment of status.
You will have to pay $1010.00 INS fees (EAD & AP fees included) and also a $1000.00 fine so a total of $2010.00. DO NOT and I repeat DO NOT travel before you get your GREEN CARD or else you will be subject to a 10 year ban.

All the best!!!!!!!!!!!!

If you are not hiring a lawyer, let me know so I can tell you which forms/documents you need!

[abolero]

Thanks for the reply! That is the number I came up with as well. $2010

It is my intention to NOT use a lawyer. I don't trust them as far as I can throw them and I'm just a petite little thang!

So far, I'm thinking about making an appointment at my local USCIS field office and showing up with a money order for $2010 and the following forms:

I-485
I-485A
I-864
G-325A
I-765
I-693

and, of course, my I-797 (i.e. I-130 approval), my I-94 from when I entered the country back in 2000, passport, and birth cert.

Does that sound about right?

-Alina

[daru786]

Give me a quick second, let me check my list and I will respond to you in a few minutes!

[daru786]

do you have a personal e-mail address. I have a list of documents but I cannot copy and paste.\?

[daru786]

One more thing, you cannot walk-in your applications. Look at the instructions, you need to mail your whole package to an address depending upon you residential location.

[daru786]

1. Birth Certificate Copy
2. Sealed Medical Examination (only approved INS doctors). Charges vary from $165.00 to $700.00.
3. 4 Passport size photographs.
4. Copy of the entire passport.
5. Copy of I-94
6. Copy of your W-2 form and most recent 3 years tax returns.
7. Fees
8. Proof of you being physically present in US on 12/2000.

If you get social security statements, and have accrued 40+ points, your sister may not need to file a I-864 for you. You can fill your own.

[mjsantos]

One can apply oneself. The thing is just make sure you send the right documents. If you worked illegaly and overstayed you visa, you will be alright since the I-245i is exactly to protect people in your situation.

Now, as for financial support, even if you acquired 40+ on your own, you cannot use that income as affidavit support because even thought you paid taxes, you paid from an unauthorized work.

You must submit taxes information from your sister or a joint sponsor if you sister does not meet the requirements and you must send proof that they are either American Citizen or Permanent Resident.

Now, a sponsor is responsible to support you until you become an American Citizen or acquired 40+ points. If you already did it, once you get your Green Card, they will not be considered you sponsor any longer. That's the only advantage of acquiring the 40+ points.

Now, the only question I have is what if he had NOT paid taxes at all, would he face a problem in his interview? I am asking that because I have a friend who is in the same situation, protected by i-245i and the sponsor has enought income. However, he the illegal immigrants never paid taxes. Will the I-245i protect him too?

[daru786]

legal or illegal, if you had a social security number and paid taxes you can use your statement showing 40+ points.
Since you are protected under 245i, it does not matter if you worked legally or illegally.
I've never heard taxes being a issue.

[abolero]

beneficiaries and the 12/21/2000 date on I-485 Supp A

I'm sitting here filling out the I-485 Supp A for myself and my kids.

I can see where I qualify for the 245(i) since my I-130 visa petition was filed in between JAN 15, 1998 and APR 30, 2001, I worked without authorization, and I overstayed my B-2 by ... ohhhh 10 years.

However, I've noticed the statement under Part B.(1) that says:

"If you checked box b or d in Question 1, you must submit evidence demonstrating that you were physically present in the United States on December 21, 2000."

Well, that works for me, but two of my sons, that I assumed to be beneficiaries of my I-130 petition, entered the U.S. on a B-2 in 2003.

Is this a problem?

Thanks,
Alina

[abolero]

I wish I could find the section 245(i) law itself and read it, but I've found a couple unofficial references that say things like:

"Dependent spouses and children do not need to demonstrate physical presence on December 21, 2000."

I'm hoping that is true. So, I would want to submit evidence of presence of the primary, ME, with the I-485 Supp A of my kids and hubby?

Thanks sound right?

[daru786]

I'm sitting here filling out the I-485 Supp A for myself and my kids.

I can see where I qualify for the 245(i) since my I-130 visa petition was filed in between JAN 15, 1998 and APR 30, 2001, I worked without authorization, and I overstayed my B-2 by ... ohhhh 10 years.

However, I've noticed the statement under Part B.(1) that says:

"If you checked box b or d in Question 1, you must submit evidence demonstrating that you were physically present in the United States on December 21, 2000."

Well, that works for me, but two of my sons, that I assumed to be beneficiaries of my I-130 petition, entered the U.S. on a B-2 in 2003.

Is this a problem?

Thanks,
Alina

Derivative beneficiaries need not prove physical presence on Dec 21, 2000. Only the principal beneficiary has the burden of proof. Don't worry, your kids qualify too. Below is the link to Life Act:
/greencard/
YOU ARE TAKING TOO LONG TO FILE, OCTOBER VISA BULLETIN MAY RETROGRESS THE PD DATES!
good luck!

[abolero]

OMG! They retrogress the current priority date some times????

I just checked the SEP Visa Bulletin and it said the date for my I-130 is 15OCT01. With my date of 13APR01, that means I'm at least OK until the end of SEP right?

It isn't easy to raise $2010 a piece for a family of four on a tight budget in this economy. Especially given that we aren't legally supposed to be working anyway!

-Alina

[daru786]

OMG! They retrogress the current priority date some times????

I just checked the SEP Visa Bulletin and it said the date for my I-130 is 15OCT01. With my date of 13APR01, that means I'm at least OK until the end of SEP right?

It isn't easy to raise $2010 a piece for a family of four on a tight budget in this economy. Especially given that we aren't legally supposed to be working anyway!

-Alina

Do some research little thang Your kids may not have to pay the fine. How old are they?
October bulletin may change things, not scaring you but being realistic, but then again, its a very little chance.
P.S., I love your attitude, very positive!