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"Unauthorized employment" and Adjustment of Status (i-485)?

Adjustment of Status - Green Card

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Old 02-26-10, 10:23 PM   #1
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"Unauthorized employment" and Adjustment of Status (i-485)?

Does "unauthorized work" disqualify me to adjust status? I have been self-employed for the past 2 years, but I only ever work rarely. My source of income is completely Internet-based. I don't have employees, nor have I ever been one. I also file my taxes, and use my EIN# for transactional purposes.

I would like to be upfront with CIS about my "unauthorized" employment as I file for adjustment next week. Is there a way to tell this to CIS without taking a hit on my eligibility to seek adjustment? My visa# is current as we speak.

Thanks again!
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Old 02-26-10, 10:25 PM   #2
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Are you married to a USC?
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Old 02-26-10, 10:29 PM   #3
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Are you married to a USC?

No.
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Old 02-26-10, 10:50 PM   #4
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Are you adjustment based on the relationship to a USC or LPR? You might want to chat with an immigration lawyer before your AOS interview.

http://www.americanlaw.com/aos.html

Unauthorized Employment, Unlawful Status or Failure to Maintain Status Aliens who have engaged in unauthorized employment, who are not in lawful status at the time of filing of the adjustment application or who have failed to continuously maintain status since their entry into the United States are barred from adjustment of status. However, this statutory bar does not apply to immediate relatives of United States citizens or certain special immigrants.

ETA - more encouraging information here:

http://www.murthy.com/news/n_nscuna.html
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Old 02-26-10, 11:03 PM   #5
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LPR-based (my dad petitioned me). Also, my current status is F1. I went through the documents you posted, but they only talk about H1B's and USC's.

What should I do?
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Old 02-26-10, 11:20 PM   #6
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consult a lawyer
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Old 02-26-10, 11:33 PM   #7
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consult a lawyer

That was too obvious. Do you know anyone who's been in a similar situation, and what steps he/she took, besides consulting a lawyer, to avoid getting penalized?
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Old 02-27-10, 12:06 AM   #8
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I don't see how you can avoid it - you don't have a qualifying relative like a USC to "get you out of it". There are no steps to take - you have two options: Lie and risk it. Tell the truth and risk it. Other than that, a lawyer is the way to go. Can't see how anyone is going to tell you otherwise.
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Old 02-27-10, 12:24 AM   #9
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I don't see how you can avoid it - you don't have a qualifying relative like a USC to "get you out of it". There are no steps to take - you have two options: Lie and risk it. Tell the truth and risk it. Other than that, a lawyer is the way to go. Can't see how anyone is going to tell you otherwise.

I want to tell them the truth, but the i-485 form doesn't ask for employment history. But anyway, I believe I'm in a big poohole so to speak.

Just last week I was counting days till I become a LPR, now I'm counting how many days I have before I get kicked out
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Old 02-27-10, 10:18 AM   #10
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Or maybe they won't ask

Or maybe an acceptable answer is "occasionally I do some online work"

Or maybe talking with a lawyer will clarify your options for you. It might not be as bad as it seems esp. since you're talking about occasional online work . But you won't know if you don't get some professional advice!
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Old 02-27-10, 11:30 AM   #11
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Thanks babe. I'm meeting with 2 lawyers next week. I reckon there's more unauthorized work in the pipes for me to to make up for the consultation fees
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Old 02-27-10, 11:45 AM   #12
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Quote:
Originally Posted by newhandle View Post
Quote:
Originally Posted by KitKat View Post
consult a lawyer

That was too obvious. Do you know anyone who's been in a similar situation, and what steps he/she took, besides consulting a lawyer, to avoid getting penalized?
"Similar situation" can get you bad advice that doesn't apply to you. The devil is always in the details.

That aside, why have you posted a question about adjustment of status in the NVC section of the forum?


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Old 02-27-10, 12:48 PM   #13
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I realize now that I posted in the wrong forum section. Please move the thread to where it belongs.
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