Kim F
Jun 30, 2023
Employment based adjustment
please what does it mean when USCIS say you should appear to the field office for an official matter? only my lawyer got the letter and not me. does anyone have a similar experience? I am scared to go for the interview as I have worked without authorization for more than 180 days and I did not disclose this to my lawyer or on my application. please what are my chances of a denial and what could come next? my i140 and 765 has already been approved just my 485 still pending.
I appreciate any feedback
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dak zekeJun 30, 2023
if you didn’t disclose, they might not know. if you admit, you will not be eligible for employment based greencard
Eb3 waitingJun 30, 2023
did you work in your social or cash?
Mr GreenJun 30, 2023
you should let your attorney attend the interview on your behalf if possible
guyer brewerJun 30, 2023
panic not, @dak zeke was right, if you didn’t disclose it they wouldn’t know. what if your friends took care of you for the duration? just don’t admit.
EB3 SJun 30, 2023
I know many people who worked unauthorized for more than 180 day, but got GC approved without admitting. So, no need to be scared.
Kim FJun 30, 2023
@Mr X I worked with my social for many years without authorization
Kim FJun 30, 2023
@ Permanent Resident, my attorney does not know I worked without authorization and he clearly stated that if I did worked without authorization then he will not take my case. he was offering the consulate route but I did not want to do the consulate route so I lied to him. now I am so scared. also, my attorney does not represent people during interviews
Kim FJun 30, 2023
@ dak zeke, I consulted with another attorney yesterday and was told not to go to the interview and to withdraw the case instead. the attorney I consulted said the interview could be a trap
Kim FJun 30, 2023
@EB3 S did this people you know file employment based green card too?
Kim FJun 30, 2023
what are anyone thoughts on withdrawing the case and please what good reason can I tell my lawyer to withdraw the case? at this point I am scared of telling him the truth as he might report me to USCIS! please I need all the advice I can get my interview is scheduled for July 18
EB3 SJun 30, 2023
@kim F yes it was eb3 skilled
Kim FJun 30, 2023
also my case is in the Oklahoma City field office, does anyone has experienced with that office?
dak zekeJun 30, 2023
you need to talk to a different lawyer and see what they recommend. how would they know you worked illegally?did you work on w2 and pay taxes? you could just ignore the interview request, and they will deny on your case on abandonment. then you can reapply and hopefully you get lukcy
Greeen 2023Jun 30, 2023
I recommended you to not mention anything not on the I485 application.
J AJun 30, 2023
If you have your W2 and paid taxes then the problem gets bigger as USCIS has now a paper trail on your unauthorized employment. However, if you have no paper trail that you have worked then you might get a chance. Not going through the interview and reapplying in the future does not solve your problem as you are still barred for adjustment of status at the same time doing consular does not forgive you of any unauthorized employement because of that paper trail they have on you. So technically speaking if you use a social (not authorized to work)and paid taxes it triggers a lot of question and at the same time bars you for adjustment under 245(k).
Kim FJun 30, 2023
thank you all so much for all the feedback
Kim FJun 30, 2023
anybody knows any good lawyer?
Kim FJul 1, 2023
hi @M j the letter just say I should come in for an official matter and I should bring my documents plus medicals. My lawyer never gave me copies of my paperwork he submitted to USCIS but I have requested he give them to me… and my employer history on the paperwork includes the times I work without authorization. my application is eb3 unskilled. Thank you so much for your response and I will believe and trust God
P SJul 1, 2023
I had a friend she has w2 and paid taxes for three years with ITIN number (not SSN) she told to attorney that she worked. the attorney said “Are you ready to take a risk” because if USCIS knew they will send you back to your country but sometimes they didn’t check. My friend she took a risk and they didn’t ask anything about work or w2. My recommended go for it and good luck.
Ricky RJul 1, 2023
let us know how it goes after the interview, it’s quite a lot!
Anonymous AJul 3, 2023
dude, find a lawyer outside of Your agency, and ask him this question. horrible place to ask for advice.
Eb3 waitingJul 3, 2023
If you worked without authorization for over 180 days since your last entry into the U.S. but have maintained valid status (i.e. your I-94 has not expired or you have a timely filed extension), you have two options:
Option 1: You will need to Consular process, meaning that once your Labor Certification (LC) and I-140 immigration petition are approved, you will need to apply for the green card from outside the U.S.
Option 2: If you do not want to Consular process, you may be able to fix the unauthorized work issue by departing the U.S. and then re-entering. You will need a valid passport and a valid visa stamp to re-enter the U.S. after international travel. Once you re-enter the U.S., the unauthorized work "clock" will reset, meaning that you will be able to apply for the green card from within the U.S.
Ps: not a legal advice, found this on BDV FAQ.
Wow USCIS Jul 5, 2023
@kim F do not mention anything with anyone about your aunathorized work you have done in past unless you have mentioned it on initial application. if you haven’t anything during the initial application, don’t worry uscis have no clue in that matter .
Ricky RJul 11, 2023
following
Raj veerJul 12, 2023
following
Ricky RJul 30, 2023
what happened? I’d like to know how did it go after the interview?
The HOPE Is waitingJul 30, 2023
@kim F can you share with us how it’s goes?
Kim FJul 31, 2023
I finally opened up to my lawyer and he decided it was best to withdraw the case and file the consulate route! So the application was withdrawn!
