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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.

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Attorney answers 7

Posted

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.]

Asker

Posted

But, in response to the question where the USCIS form asks me about my work history in United States, if I mention the name and address of the employer where I worked under the table (on cash basis), won't my employer be fined as a result? Don't you think, not disclosing it to USCIS would be better, because after all, it has been just 4 months that I am in the United States and I can always tell them that I brought my own funds from my home country and/or I borrowed some funds from my friends here.

Asker

Posted

I came to US just 4 months ago and I have started working illegally (on cash-basis) in the year 2013, how can I pay taxes then (even if I consider myself as self-employed, I would only be able to file for taxes of the year 2013). Btw, today I filed jointly with my USC wife for the year 2012 with zero income of mine.

Posted

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

Asker

Posted

But, in response to the question where the USCIS form asks me about my work history in United States, if I mention the name and address of the employer where I worked under the table (on cash basis), won't my employer be fined as a result? Don't you think, not disclosing it to USCIS would be better, because after all, it has been just 4 months that I am in the United States and I can always tell them that I brought my own funds from my home country and/or I borrowed some funds from my friends here.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

No I do not. I doubt you will find any reputable attorney who would advise you to lie.

Posted

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.

Asker

Posted

But, in response to the question where the USCIS form asks me about my work history in United States, if I mention the name and address of the employer where I worked under the table (on cash basis), won't my employer be fined as a result? Don't you think, not disclosing it to USCIS would be better, because after all, it has been just 4 months that I am in the United States and I can always tell them that I brought my own funds from my home country and/or I borrowed some funds from my friends here.

Posted

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.

Posted

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.

Asker

Posted

Since I'm on B1 visa, I'm not required by law to file taxes. Do you think I need to file taxes for the cash-based (illegal work) I have been doing? I don't even have a social security no. nor do I have an ITIN no., so I can I file taxes?

Asker

Posted

Should I mention the name and address of the employer who gave me cash-based job?

Morgan Laine Place

Morgan Laine Place

Posted

On a B1 visa, you are not permitted to work. That is not the same thing as not having to file taxes. If you have taxable income, then you are supposed to file taxes. You can get a TIN, and you should pay taxes on your taxable income. You can probably treat your employment as that of an independent contractor/self-employed, but this is a discussion that is probably more suited to a private conversation.

Asker

Posted

I came to US just 4 months ago and I have started working illegally (on cash-basis) in the year 2013, how can I pay taxes then (even if I consider myself as self-employed, I would only be able to file for taxes of the year 2013). Btw, today I filed jointly with my USC wife for the year 2012 with zero income of mine.

Morgan Laine Place

Morgan Laine Place

Posted

That means, for the time being, you are not obligated to pay taxes. That's a good thing.

Posted

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

Asker

Posted

I came to US just 4 months ago and I have started working illegally (on cash-basis) in the year 2013, how can I pay taxes then (even if I consider myself as self-employed, I would only be able to file for taxes of the year 2013). Btw, today I filed jointly with my USC wife for the year 2012 with zero income of mine.

Perry Sai-On Chan

Perry Sai-On Chan

Posted

You should not work in US if you do not have proper work permit or legal status. A lot of immigrants work in US without proper working authorization. However a lot of them still report their taxes. You can obtain a tax ID from IRS (go on to their website for instructions) and file your tax. Tax ID is different from social security number but they look almost identical. You should report your 2012 income together with your spouse even though you were paid on cash basis. Filing proper tax return not only is required by law but also shows that you are a law abiding citizen. That will help in the future if you apply for green card or citizenship.

Posted

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

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