slummymummy

Great. So on-topic, this is what I could find.

A british woman denied AOS, post from Jan 2011

http://www.visajourney.com/forums/to...-i-485-denied/

And the article I posted earlier mentioning this

Thankfully, the practice of automatic denial and deportation for visa waiver program adjustment of status applicants has ended. In April 2011, USCIS headquarters issued guidance to local offices instructing them to, once again, handle visa waiver program overstays exactly as they would handle overstays on other types of non-immigrant visas — approve those that are otherwise qualified, unless the applicant already has a removal order.

http://www.cavanaughlegal.com/adjust...r-program-vwp/


As for the working illegally I have no idea what he should do about, I guess that's for an immigration lawyer to advise on.

Rete

The working illegally is actually a forgivable offense to the IRS. You only need to complete the 1040 IRS Form, apply for a taxpayer's identification number with this filing and you are clear.

Now as to the USCIS and working illegally, if the person lied on the I-9 form at the start of employment and declared himself a US Citizen then not only is his arse grass but that arse will be banned from stepping one toe into the US for the rest of his life regards of having a wife or children who are US Citizens.

My nephew inadvertently declared himself a USC on the I-9 simply because as a Native American he saw no box for that category and as he had a social security number from childhood, he thought that was the category to mark.

When his ss number was checked by the union he joined, he was advised that he was not eligible to work. He then went to USCIS to straighten it out and was told as he represented himself as a USC on the I-9 he had to leave the US immediately and would never be allowed back to the states for whatever reason. He had just married about 4 months prior to this to a USC and they would not even allow him to apply for change of status.

So he and his lovely wife and now their new baby are living happily in Toronto Canada

slummymummy

Oh dear... I feel awful for your nephew! I doubt this is a problem for the OP as I think he said there is no paper trail.

Noorah101

Once he files back tax returns, there will be a paper trail.

I've seen other cases on here with lengthy overstays that got approved without issue, so the OP has a chance.

Rene

Apfelkuchen

I think Slummymummy was referring specifically to the I-9 issue. The OP said earlier that he 'doesn't exist', which I'm guessing means he never filled in an I-9, let alone misrepresented his immigration status on one.

Noorah101

Ah, got it, thanks.

Rene

Ray

He of course registered with SSS