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Will my application for Deffered Act affect me if I'm working illegally?

Downey, CA |

If I'm applying for the deffered act application and I'm currently working. Do I need to to quit my job and then apply? I'm concern my application will be denied from working illegally? Or are you expected to be working when applying... Does it make a difference? Please what do advice??

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Attorney answers 4

Posted

DACA applications will not be denied solely on the basis of unauthorized employment

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

Thank you for your response. So can I use my paystubs as proof that I have been living here?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Yes.

Asker

Posted

Thank you, I appreciate your time!

Asker

Posted

Thank you, I appreciate your time!

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You are welcome. Good luck!

Posted

There is no need for yu to quit your job.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

Thank you... Thank you!! For your advice

Posted

Many of my clients use their paystubs as evidence of their physical presence in the U.S. when applying for deferred action. USCIS, the agency that will review your application, does not "expect" you to be working when you apply, but the deferred action criteria don't prohibit you from working when you apply, either.

After you apply for deferred action and are approved, you will be able to get a valid social security number. You should only file taxes using your new, valid social security number (and not an ITIN or whatever social security number you were using before), and you can request that the Social Security Administration combine their records to include work you did under an ITIN or a different social security number. I suggest you speak to an experienced immigration attorney or tax attorney if you decide to do this.

Nothing posted on this site is intended to create an attorney-client relationship. Laura Mandell, Law Office of Stephen Gingell, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-719-7209 | Facsimile: 503-345-0926 | Email: laura@northwestlawoffice.com | Online: http://stephengingell.com

Posted

I agree with my colleagues.

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.