A friend of mine was arrested for working with out an authorization while on
F1(student) visa. He is out on bail. They are holding his passport and documents.

Now my friend might be getting married to an American Citizen. Would he be able to
adjust his status by applying I-485, eventhough, he was arrested working without an
authorization? Would he need to apply for I-485 supplement(his entry to US was legal
and he was inspected by INS Inspector at his arrival to the United States)

Thanks in advance.

What documentation did he used to get the job? When he started working, did he file
an I-9, which contains a signed statement indicating he was legally entitled to work.
This, by the way, is a federal document that clearly has a warning against false
statements?

Mani wrote:
    >
    > A friend of mine was arrested for working with out an authorization while on
    > F1(student) visa. He is out on bail. They are holding his passport and documents.
    >
    > Now my friend might be getting married to an American Citizen. Would he be able to
    > adjust his status by applying I-485, eventhough, he was arrested working without an
    > authorization? Would he need to apply for I-485 supplement(his entry to US was
    > legal and he was inspected by INS Inspector at his arrival to the United States)
    >
    > Thanks in advance.

He should get an immigration attorney for advice here. Although he doesn't need to
file I-485A, he will probably be in removal proceedings soon. Getting married and
filing to adjust status during that time is dubious.

If he used fake documents to work that will make things even harder.

Andy.

--
I'm not really here - it's just your warped imagination. "Mani"
<[email protected]> wrote in message
news:[email protected]...
    > A friend of mine was arrested for working with out an authorization while on
    > F1(student) visa. He is out on bail. They are holding his passport and documents.
    >
    > Now my friend might be getting married to an American Citizen. Would he be able to
    > adjust his status by applying I-485, eventhough, he was arrested working without an
    > authorization? Would he need to apply for I-485 supplement(his entry to US was
    > legal and he was inspected by INS Inspector at his arrival to the United States)
    >
    > Thanks in advance.

This is interesting. When my brother-in-law came here on an F-1, SSA was very clear
that with an F-1 he COULD work. They gave him an SSN and told him he would be able to
work on or off campus. Providing, of course, that he kept up with his schooling and
the F-1 remained valid.

--
Addison "Mani" <[email protected]> wrote in message
news:[email protected]...
    > A friend of mine was arrested for working with out an authorization while on
    > F1(student) visa. He is out on bail. They are holding his passport and documents.
    >
    > Now my friend might be getting married to an American Citizen. Would he be able to
    > adjust his status by applying I-485, eventhough, he was arrested working without an
    > authorization? Would he need to apply for I-485 supplement(his entry to US was
    > legal and he was inspected by INS Inspector at his arrival to the United States)
    >
    > Thanks in advance.

mrtravel <[email protected]> wrote in message
news:<[email protected]>...
    > What documentation did he used to get the job? When he started working, did he file
    > an I-9, which contains a signed statement indicating he was legally entitled to
    > work. This, by the way, is a federal document that clearly has a warning against
    > false statements?
    >
    >
    > Mani wrote:
    > >
    > > A friend of mine was arrested for working with out an authorization while on
    > > F1(student) visa. He is out on bail. They are holding his passport and documents.
He was working on CASH. In other words, he did not make any false statements on I-9,
because he never filed it.
    > >
    > > Now my friend might be getting married to an American Citizen. Would he be able
    > > to adjust his status by applying I-485, eventhough, he was arrested working
    > > without an authorization? Would he need to apply for I-485 supplement(his entry
    > > to US was legal and he was inspected by INS Inspector at his arrival to the
    > > United States)
    > >
    > > Thanks in advance.

That's interesting. If you could work, why would INS require proof of funds
necessary? From the INS website: "The student must have sufficient funds available
for self-support during the entire proposed course of study"

Addison Richter wrote:
    >
    > This is interesting. When my brother-in-law came here on an F-1, SSA was very clear
    > that with an F-1 he COULD work. They gave him an SSN and told him he would be able
    > to work on or off campus. Providing, of course, that he kept up with his schooling
    > and the F-1 remained valid.
    >
    > --
    > Addison "Mani" <[email protected]> wrote in message
    > news:[email protected]...
    > > A friend of mine was arrested for working with out an authorization while on
    > > F1(student) visa. He is out on bail. They are holding his passport and documents.
    > >
    > > Now my friend might be getting married to an American Citizen. Would he be able
    > > to adjust his status by applying I-485, eventhough, he was arrested working
    > > without an authorization? Would he need to apply for I-485 supplement(his entry
    > > to US was legal and he was inspected by INS Inspector at his arrival to the
    > > United States)
    > >
    > > Thanks in advance.

Addison: Just FYI - I just found out recently too "Addison Richter" <@.net> wrote in
message news:<[email protected] news.com>...
    > This is interesting. When my brother-in-law came here on an F-1, SSA was very clear
    > that with an F-1 he COULD work.
Not true. If SSN card does not say any thing about "NOT VALID FOR EMPLOYMENT" or
"VALID FOR WORK WITH INS AUTHORIZATION", that does not mean the indiviual with F-1
Student or any other non-immigrant visa can work off-campus without INS work permit.
    >They gave him an SSN and told him he would be able to work on or off campus.
    >Providing, of course, that he kept up with his schooling and the F-1 remained valid.
If Social Security Administration told him that "he would be able to work on or off
campus. Providing, of course, that he kept up with his schooling and the F-1 remained
valid." is not a correct. INS has the final say on if an indivual on non-immigrant
visa can work off-campus. As of today they do not allow anyone on non-immigrant
visa(F1/B1) to work off-campus with out INS work authorization.

    > --
    > Addison "Mani" <[email protected]> wrote in message
    > news:[email protected]...
    > > A friend of mine was arrested for working with out an authorization while on
    > > F1(student) visa. He is out on bail. They are holding his passport and documents.
    > >
    > > Now my friend might be getting married to an American Citizen. Would he be able
    > > to adjust his status by applying I-485, eventhough, he was arrested working
    > > without an authorization? Would he need to apply for I-485 supplement(his entry
    > > to US was legal and he was inspected by INS Inspector at his arrival to the
    > > United States)
    > >
    > > Thanks in advance.

Hmmm... very interesting. I came here as a F1 student for my graduate study almost 14
years ago, and I haven't never heard about that.

When did your brother-in-law came as an F1?

"Addison Richter" <@.net> wrote in message
news:<[email protected] news.com>...
    > This is interesting. When my brother-in-law came here on an F-1, SSA was very clear
    > that with an F-1 he COULD work. They gave him an SSN and told him he would be able
    > to work on or off campus. Providing, of course, that he kept up with his schooling
    > and the F-1 remained valid.
    >
    > --
    > Addison "Mani" <[email protected]> wrote in message
    > news:[email protected]...
    > > A friend of mine was arrested for working with out an authorization while on
    > > F1(student) visa. He is out on bail. They are holding his passport and documents.
    > >
    > > Now my friend might be getting married to an American Citizen. Would he be able
    > > to adjust his status by applying I-485, eventhough, he was arrested working
    > > without an authorization? Would he need to apply for I-485 supplement(his entry
    > > to US was legal and he was inspected by INS Inspector at his arrival to the
    > > United States)
    > >
    > > Thanks in advance.

    > This is interesting. When my brother-in-law came here on an F-1, SSA was very clear
    > that with an F-1 he COULD work. They gave him an SSN and told him he would be able
    > to work on or off campus. Providing, of course, that he kept up with his schooling
    > and the F-1 remained valid.

This information is simply INCORRECT. If you enter on an F-1 visa, you are eligible
to file an I-9 and get a SSN with the stamp 'valid with INS authorization only'. The
F-1 requires you to be a full-time student. During your studies, you are allowed to
work up to 20 hours per week ON-campus but NO off-campus work.

After graduation, you are entitled to a year (12 months) of "practical training", for
which you need to file an I-765 with INS via the international office of your school.
The official there will go through the documents with you, ensure that you are going
to work in an study-related field (i.e. you cannot work in an architecture firm if
you studied psychology), write a statement of support to the INS, and then you'll get
to send this package off to the INS to apply for your one-year EAD card. The only way
you could potentially work OFF-campus is a study-related internship, with the
blessing of both the international office at your school AND the INS EAD card.
Part-time work during school is deducted from your 12-month practical training
allowance in the following fashion: for a 3-month full-time internship during the
summer, 3 months would be taken off the practical training; for a 6-month part-time
internship during school, 3 months would be deducted from your 12-month allowance.

Most schools will tell you this, and hand you this information upon your arrival on
campus... Hope this clarifies the situation!

_des

Oh, I KNOW/KNEW that. We instructed him not to work. He has not worked. On or off
campus. I was just telling you what we were told at SSA and showing how disparate the
knowledge of the rules is at different SSA offices. I was NOT saying that one could
work as an F-1, just saying what we were told. We were told this by the clerk and
then her supervisor. This is the same office that would not let Che-Ning change her
name to her married name until she received her EAD card. They don't know their ass
from a hole in the ground.

--
Addison "Mani" <[email protected]> wrote in message
news:[email protected]...
    > Addison: Just FYI - I just found out recently too "Addison Richter" <@.net> wrote
    > in message
news:<[email protected] news.com>...
    > > This is interesting. When my brother-in-law came here on an F-1, SSA
was
    > > very clear that with an F-1 he COULD work.
    > Not true. If SSN card does not say any thing about "NOT VALID FOR EMPLOYMENT"
    > or "VALID FOR WORK WITH INS AUTHORIZATION", that does not mean the indiviual
    > with F-1 Student or any other non-immigrant visa can work off-campus without
    > INS work permit.
    > >They gave him an SSN and told him he would be able to work on or off campus.
    > >Providing, of course,
that
    > > he kept up with his schooling and the F-1 remained valid.
    > If Social Security Administration told him that "he would be able to work on or off
    > campus. Providing, of course, that he kept up with his schooling and the F-1
    > remained valid." is not a correct. INS has the final say on if an indivual on
    > non-immigrant visa can work off-campus. As of today they do not allow anyone on
    > non-immigrant visa(F1/B1) to work off-campus with out INS work authorization.
    >
    > > --
    > > Addison "Mani" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > A friend of mine was arrested for working with out an authorization while on
    > > > F1(student) visa. He is out on bail. They are holding his passport and
    > > > documents.
    > > >
    > > > Now my friend might be getting married to an American Citizen. Would he be able
    > > > to adjust his status by applying I-485, eventhough, he was arrested working
    > > > without an authorization? Would he need to apply for I-485 supplement(his entry
    > > > to US was legal and he was inspected by INS Inspector at his arrival to the
    > > > United States)
    > > >
    > > > Thanks in advance.
    >

You wouldn't have heard such a thing unless you went to the same SSA office on the
same day as we did. This was about 2 years ago. You will not hear this from any SSA
office that knows what they are doing.

--
Addison "Liwen Liang" <[email protected]> wrote in message
news:[email protected]...
    > Hmmm... very interesting. I came here as a F1 student for my graduate study almost
    > 14 years ago, and I haven't never heard about that.
    >
    > When did your brother-in-law came as an F1?
    >
    > "Addison Richter" <@.net> wrote in message
news:<[email protected] news.com>...
    > > This is interesting. When my brother-in-law came here on an F-1, SSA
was
    > > very clear that with an F-1 he COULD work. They gave him an SSN and
told
    > > him he would be able to work on or off campus. Providing, of course,
that
    > > he kept up with his schooling and the F-1 remained valid.
    > >
    > > --
    > > Addison "Mani" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > A friend of mine was arrested for working with out an authorization while on
    > > > F1(student) visa. He is out on bail. They are holding his passport and
    > > > documents.
    > > >
    > > > Now my friend might be getting married to an American Citizen. Would he be able
    > > > to adjust his status by applying I-485, eventhough, he was arrested working
    > > > without an authorization? Would he need to apply for I-485 supplement(his entry
    > > > to US was legal and he was inspected by INS Inspector at his arrival to the
    > > > United States)
    > > >
    > > > Thanks in advance.
    >

My information, telling what happened to my brother-in-law IS INDEED very correct. It
is not true that he could work. It IS true that he was told he could work.

--
Addison "Des" <[email protected]> wrote in message
news:[email protected]...
    > > This is interesting. When my brother-in-law came here on an F-1, SSA
was
    > > very clear that with an F-1 he COULD work. They gave him an SSN and
told
    > > him he would be able to work on or off campus. Providing, of course,
that
    > > he kept up with his schooling and the F-1 remained valid.
    >
    > This information is simply INCORRECT. If you enter on an F-1 visa, you are eligible
    > to file an I-9 and get a SSN with the stamp 'valid with INS authorization only'.
    > The F-1 requires you to be a full-time student. During your studies, you are
    > allowed to work up to 20 hours per week ON-campus but NO off-campus work.
    >
    > After graduation, you are entitled to a year (12 months) of "practical training",
    > for which you need to file an I-765 with INS via the international office of your
    > school. The official there will go through the documents with you, ensure that you
    > are going to work in an study-related field (i.e. you cannot work in an
    > architecture firm if you studied psychology), write a statement of support to the
    > INS, and then you'll get to send this package off to the INS to apply for your
    > one-year EAD card. The only way you could potentially work OFF-campus is a
    > study-related internship, with the blessing of both the international office at
    > your school AND the INS EAD card. Part-time work during school is deducted from
    > your 12-month practical training allowance in the following fashion: for a 3-month
    > full-time internship during the summer, 3 months would be taken off the practical
    > training; for a 6-month part-time internship during school, 3 months would be
    > deducted from your 12-month allowance.
    >
    > Most schools will tell you this, and hand you this information upon your arrival on
    > campus... Hope this clarifies the situation!
    >
    > _des

Addison Richter wrote:

    > Oh, I KNOW/KNEW that. We instructed him not to work. He has not worked. On or off
    > campus. I was just telling you what we were told at SSA and showing how disparate
    > the knowledge of the rules is at different SSA offices. I was NOT saying that one
    > could work as an F-1, just saying what we were told. We were told this by the clerk
    > and then her supervisor. This is the same office that would not let Che-Ning change
    > her name to her married name until she received her EAD card. They don't know their
    > ass from a hole in the ground.

Hi All!

Well INS determines which aliens can and can't work, so you shouldn't be listening to
SSA employees about you ability to work. SSA just issues the SSN.

Take care,

Mike

Like others have said..interesting. I came to the USA in 1996 on a J1 visa, worked for two years and obtained a SS card with the "with INS authorisation only" on it.

I came back a few months later and worked illegally and later married (for the right reasons I might add!) and had no trouble filing and obtaining Permanant Residency.

The I-485 form clearly states that in the event of marriage to a US citizen, they allow you to still apply for PR even if you have worked illegally or have overstayed a visa by up to 179 days.