I-485 and lawyer advice. Does ICE pursue employers based on info on forms?

[dragonz_i]

I came to the US on a student visa. Got employed off-campus 18 months ago. Lost Status 10 months ago. Got married to my awesome co-worker and now husband 5 months ago and now I'm filing paper work.

In the box that asks for current job I write that I am still working at the job I met my husband but my lawyer says to leave it out so that immigration does not go after my employer.

The lawyer says I should write him an email stating that I just volunteer and get no salary and then leave that spot blank on the forms (BIO-AOS- ect..)
I get a W2 and pay taxes. I anticipate doing so again this coming year. My husband works there too. I DO NOT WANT TO GET my employer in trouble but I DON"T WANT TO LIE on my paperwork.

Should I just quit my job then leave that space blank? (times are hard and we need the money)
Should I do as my lawyer said and write him an email stating I volunteer then leave "current employment" blank?(this sounds like it covers him in case I get in trouble but is it normally done)
Should I just file normally and truthfully without quitting?
Does ICE or DHS pursue employers based on information they find on AOS or work permit forms? What are the odds of this happening - has anyone had this happen to their BOSS?

[daru786]

I came to the US on a student visa. Got employed off-campus 18 months ago. Lost Status 10 months ago. Got married to my awesome co-worker and now husband 5 months ago and now I'm filing paper work.

In the box that asks for current job I write that I am still working at the job I met my husband but my lawyer says to leave it out so that immigration does not go after my employer.

The lawyer says I should write him an email stating that I just volunteer and get no salary and then leave that spot blank on the forms (BIO-AOS- ect..)
I get a W2 and pay taxes. I anticipate doing so again this coming year. My husband works there too. I DO NOT WANT TO GET my employer in trouble but I DON"T WANT TO LIE on my paperwork.

Should I just quit my job then leave that space blank? (times are hard and we need the money)
Should I do as my lawyer said and write him an email stating I volunteer then leave "current employment" blank?(this sounds like it covers him in case I get in trouble but is it normally done)
Should I just file normally and truthfully without quitting?
Does ICE or DHS pursue employers based on information they find on AOS or work permit forms? What are the odds of this happening - has anyone had this happen to their BOSS?

Truth & nothing but the TRUTH!!!!!!!!!!!!!!!
If you lie and USCIS discovers your lie, you can kiss your GC good bye...........

[hope123]

I agree with Daru. I don't see any law that states spouses cannot work for the same company!!

[demedja]

I
Should I just file normally and truthfully without quitting?
Does ICE or DHS pursue employers based on information they find on AOS or work permit forms? What are the odds of this happening - has anyone had this happen to their BOSS?

Yes, ICE does this. But they don't do it often. Usually, they pursue penalties if the violation is egregious (i.e. you own a factory with 1,000 employees and several hundred of them are illegal, and you knew that they were illegal because you did not ask them to produce papers when you hired them). The reason many employers get off without any penalties is because a lot of people who are illegal fill out the I-9 form with false information and bogus documents. As long as the employer can show ICE that they asked you for your documents and you gave them documents that appeared to be genuine, then they usually will not be penalized. That's why they are required to keep the I-9s for a number of years even after you are no longer working there.

I agree with Daru. I'm no legal expert but that lawyer is giving you BAD advice. Unless you've been working under the table (never filled out an employment application, never used your social security number to work, never paid any taxes) CIS can easily find out that you have been working. You're saying that you lost status 10 months ago, but you actually lost status the very day you accepted employment without authorization. Also, once you stop attending classes or register for less than a full-time load of classes your school is legally obliged to notify CIS. So, they've already know a lot more about what you've been doing than you may think.

If you lie and tell them that you were not working they may ask you how you were supporting yourself financially. How would you answer? They may ask you how and when you met your husband. How would you answer? Remember, one lie begets another. Assume that they already know that you've been working because they very probably know. If they catch you lying to them during your interview you'll be screwed. If your husband is a US citizen then CIS won't really care that you were working.