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G-325A form help

Asked over 2 years ago - Seattle, WA

I have been out of status for almost 10 years, came in with a visa as a student which is currently expired, got a SS # through school and after school I started working by using that number. Eventhough out of status I have been paying taxes regularly. 2 months ago I married my g/f who is a US citizen and now I am trying to apply for change of status (working on forms i485 , i330, g325A and i-765 for emplyment). On the form G-325A under emplyment, should I list my my current employer? Is that going to get me into more trouble? Also if they ask me in the interview should I tell them that I have been using my social for work?
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Attorney answers (2)

Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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The form requires accurate and complete disclosure of information, including ALL employers for the previous five years (as well as addresses for the past 5 years, last address outside the U.S. and biographic information about you and your spouse). The issue that sometimes comes up with employment in certain USCIS offices is whether an applicant for adjustment of status ever falsely claimed to be a U.S. citizen on an employer's I-9 form. Since this is a situation that could lead to a finding of permanent inadmissibility with no waiver available, I urge you to discuss your case with a very knowledgeable, reputable and experienced immigration attorney who can advise you on what to expect.

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Shawn B Alexander, licensed in Washington

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 2 years ago. Immigration Attorney in Renton, WA.

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Lying about a material fact to gain immigration benefits often carries a stiffer punishment than disclosing the fact.

While working without employment authorization may result in punishment, an alien adjusting status through marriage with a US citizen often does not have the unauthorized employment held against the alien.

On the other hand, being caught lying about a material fact to gain immigration benefits may result in an alien being deported from the US and a lifetime ban against the alien from re-entering the US on any basis.

You should review your specific facts with your attorney.

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