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I recently filed a 'change of status' application. Can USCIS find out that I worked without authorization for 5 days?

Los Angeles, CA |

I've been in the US for over three years as a student. I only worked five days without authorization and got less than $200. The company did pay taxes and I got a paystub but I never received a W2 after. Am I going to be permanently banned from the country if the government finds out?

Attorney Answers 4

  1. Best answer

    Can they find out -- probably yes if taxes were taken out of your pay check. Will it be relevant to the status you are applying for is a separate and more important question that can't be answered from the facts presented. If your employment happened this year you may want to give the money back and tell the employer you would rather volunteer.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  2. They might find out.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms . I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundaiton. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin.

  3. Easy. There is a question on the form and you have to disclose it. Specifically: pay attention to Part 3, section e of the USCIS form I-539 which asks you whether you have ever violated conditions of your nonimmigrant status. You would have to say "yes" and disclose 5 days of unauthorized employment.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  4. Consult with an immigration attorney in person. You may get some different answers.

    Free Consultation Anywhere in USA | 626-399-4194 | |

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