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previous illegal work and spouse visa.

previous illegal work and spouse visa.

Old Apr 4th 2002, 6:25 am
  #1  
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Last edited by andrei; May 28th 2004 at 1:03 am.
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Old Apr 4th 2002, 2:35 pm
  #2  
Andy Platt
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Default Re: previous illegal work and spouse visa.

Hmm, sounds like you told the truth on the G-325 but your employer lied? I'm not sure
that should cause too much concern but you may want to try and get a consistent
employment letter. As for the 30/60 day rule, that doesn't really come into the
equation - you worked illegally regardless of whether it was on day 0, day 30, day 60
or day 90. However, such illegal work is forgiven if you are applying as the spouse
of a US citizen so it shouldn't be a problem.

Andy.

--
I'm not really here - it's just your warped imagination. "andrei"
<[email protected]> wrote in message news:[email protected]...
    > Good morning everybody! what happeneds if you worked illegally in US before and now
    > aplying for a spouse visa at us consulate.i have to say that when i applied on the
    > form G-325 i said that i worked withinn 30 days after arrival in US, but i got
    > paper from my employer, which states that i start working after 30 days that i
    > arrive in US.can they check this?i can tell to toconsul that i wasnt's sure about
    > the date so that's why i put a wrong date on G-325.it will fly? i'm thinking about
    > 30/60 days rule,failur to maintain legal status by engaging in unauthoized
    > employment.do you think they will deny me?i will need waiver for misrepresentation?
    > best wishes.
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 
Old Apr 4th 2002, 3:06 pm
  #3  
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nj
regards,

Last edited by andrei; May 28th 2004 at 1:03 am.
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Old Apr 4th 2002, 8:35 pm
  #4  
John
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Default Re: previous illegal work and spouse visa.

"paulgani" <[email protected]> wrote in message
news:<[email protected]>...
    > Illegal work is "forgiven" for spouses of USC only in the context that such illegal
    > work does not render one ineligible to adjust status in the U.S. Since he is
    > applying for a spousal visa, his work violation within 30 days can certainly bring
    > him within the scope of the 30/60 day rule. If he initially entered with a tourist
    > visa, the 30/60 day rule will definitely apply to him. If he was a visa
    > waiver/Canada entrant, it's not as certain -
    > i.e. it would depend on his experience at the POE.
    >
    > Paulgani

How would work render one ineligible for status adjustment? Please give some
examples.
 
Old Apr 4th 2002, 8:35 pm
  #5  
Andy Platt
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Default Re: previous illegal work and spouse visa.

Paul was saying that illegal work wouldn't be a bar to adjusting status based on an
immediate relative petition. It would however be a bar to adjusting status for
other petitions (priority family or employment based) unless you could take
advantage of 245(i).

Andy.

--
I'm not really here - it's just your warped imagination. "John" <[email protected]>
wrote in message news:[email protected]...
    > "paulgani" <[email protected]> wrote in message
news:<[email protected]>...
    > > Illegal work is "forgiven" for spouses of USC only in the context that
such
    > > illegal work does not render one ineligible to adjust status in the U.S. Since he
    > > is applying for a spousal visa, his work violation within 30
days
    > > can certainly bring him within the scope of the 30/60 day rule. If he initially
    > > entered with a tourist visa, the 30/60 day rule will
definitely
    > > apply to him. If he was a visa waiver/Canada entrant, it's not as
certain -
    > > i.e. it would depend on his experience at the POE.
    > >
    > > Paulgani
    >
    > How would work render one ineligible for status adjustment? Please give some
    > examples.
 
Old Apr 4th 2002, 8:35 pm
  #6  
Paulgani
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Default Re: previous illegal work and spouse visa.

"John" <[email protected]> wrote in message
news:[email protected]...
    > How would work render one ineligible for status adjustment? Please give some
    > examples.

Not work. Illegal work - i.e. working without employment authorization.

If your basis for status adjustment is anything except being an Immediate Relative
(spouse, parent, child) of a U.S. Citizen (for example - AOS based on being a
relative of a PR, sibling or son/daughter of USC, or employment based), and you are
already inside the U.S. on a valid visa, you must always maintain status, or else you
will not be permitted to adjust status. You will instead be required to depart the
U.S. and obtain an Immigrant Visa. Illegal work is considered a violation of status,
thus rendering you ineligible to adjust status.

Paulgani
 
Old Apr 5th 2002, 6:33 am
  #7  
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Default Reisa.

mk

Last edited by andrei; May 28th 2004 at 1:04 am.
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