Working for cash and the consequnces for emplyers

[Xiaohu]

Hi! My name is Xiaohu. I'm a spouse of a US citizen. I came with an F1 visa, However, I overstayed and worked without authorization in some places. I have a few concerts about filling I 485 and green card interviews.

[Xiaohu]

Since the work I did is mostly under the table which means paid by cash and without NNS or any paperwork, but there are two that paid by checks and online money transfer. 1. Would it be a big deal for me to only write down those two that are paid by checks and online?

I'm currently working at a restaurant for cash now. 2. Should I write it down as well just in case the immigration officer asked about it during the interview like “ Are you currently working?" and also will the immigration officer ask about current employment questions like that?

3. My biggest concern is that if I write down my former employment information. Would my former employers face penalties or fines? Would USCIS go after them even some of them hird me for a month or two?

Thank you so much for your help! Have a great day!

[Pochi]

Since you are married to a US citizen your overstay and unauthorized work are forgiven. That is as long as you don't lie about that on your application or during your interview. Since it is forgiven make sure you are very truthful. Also if you didn't file taxes on that unauthorized income make sure you do that also.

[Pochi]

USCIS has too much work to do to go after an employer right now. It is not impossible they could get in trouble but it is very unlikely. It is more important that you are honest with all the places you worked and are currently working at. As I said you can't be denied a green card for that but you can get denied if you lie about working or just don't put it down. They will ask you about all employment at your interview. For my wife we wrote that she worked at odd jobs because she cleaned houses and such. There were the two businesses where she used false documents to get work and we made sure we listed those directly. Never ever lie to immigration that is a lifetime bar.

[Xiaohu]

Since you are married to a US citizen your overstay and unauthorized work are forgiven. That is as long as you don't lie about that on your application or during your interview. Since it is forgiven make sure you are very truthful. Also if you didn't file taxes on that unauthorized income make sure you do that also.

Hi Pochi. Thank you for your advice! Where did your wife file her income on unauthorized income ? Should I do it before the application? the interview or after it?

[Pochi]

I believe I fixed her income taxes after we filed her immigration paperwork. We ended up owing like $700 in social security taxes as she didn't make enough to have income taxes taken out. We took her new tax transcripts to the 485 interview.