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Should I, the sponsored Alien, mention in the I-485 and I-130 forms that I have been working illegally with some employer?

Santa Ana, CA |

Or should I rather not say anything about the work I did illegally (on my entry in the U.S. based on my B1 visa)?

I am asking this, because I read somewhere that it doesn't matter if I worked illegally here if I am married to a U.S. Citizen and now going for AOS based on our marriage.

Attorney Answers 7


  1. It's important to be truthful. If the USCIS officer finds out that you lied in your application, it can be denied. It is true that working illegally should not prevent you from adjusting your status if you're married to a USC. So, just respond all questions with the truth.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


  2. Always answer truthfully. You are correct that as an immediate relative your unauthorized employment will be forgiven. If, however, you lie and USCIS discovers this, you will be found to have knowingly misrepresented a material fact and then will be forced to file a waiver for that misrepresentation - something that will be infinitely more difficult than simply telling the truth -

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  3. All questions on immigration forms must be answered truthfully. Not doing so only guarantees problems.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. Lying to the U.S. government can get you in bigger trouble than the problem you are lying about. For one thing, you've never seen anyone angrier than a USCIS or State Department official who discovers that you've lied to them. For another, making misrepresentations on an application for immigration benefits is a ground of inadmissibility under U.S. immigration law. So if the lie is discovered, you've got double trouble -- not only the original problem about which you thought it necessary to lie, but a new bar to your being admitted to the U.S. in any capacity.


  5. It is always the highest priority to be truthful with the government regarding all requested information, so you need to disclose the information. It is true that the government will "forgive" your unlawful employment, but that's not a reason not to disclose it. Quite the opposite.

    Also, make sure you've paid taxes. The unlawful employment is one thing, but failure to pay taxes is quite another.

    Any and all responses to this and any other questions are intended for basic informational purposes only and are not legal advice.


  6. Always answer truthfully on your application. If you have been paying taxes, it helps.


  7. You must answer the question truthfully and divulge your employment history.

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