QUESTION

I am an F-1 visa holder, and I recently just got married to a US citizen. I love my wife and we had a modestly big wedding. Now I am planning on fill

Asked on Jul 29th, 2012 on Immigration - Oklahoma
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I am an F-1 visa holder, and I recently just got married to a US citizen. I love my wife and we had a modestly big wedding. Now I am planning on filling an application to adjust my status, but the problem I have is I have been working illegally with my SSN for over a year now. I claimed to be a US citizen on the application to avoid submitting paperworks. I went back to my country in April earlier this year and I came back two weeks after and I was issued a new I-94. I just started work first week of June (still illegally). Should I lie on my application when asked about my employment history or should i just tell the truth. And what are the chances that I get denied?
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1 ANSWER

Family Immigration Law Attorney serving Minneapolis, MN at Aust Schmiechen, P.A.
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First of all, do NOT lie about having worked in the United States. Disclose the employment on the G-325A. It does not make you ineligible for permanent residency. Having said that, you stated that you claimed "U.S. Citizenship" for your employment. If you have done so, you may be ineligible for permanent residency. Making false claims to U.S. Citizenship is a permanent bar. Some federal circuit courts, including the 10th circuit, where Oklahoma is, have made the determination that checking the "U.S. Citizen" box on the I-9, amounts to a false claim to U.S. Citizenship. However, you only say that, "I claimed to be a US citizen on the application to avoid submitting paperworks." Did you claim "U.S. Citizen" on the I-9 or eligibility to work in the U.S. on the employment application Most likely, the employer did not directly ask about citizenship on the employment application. I recommend consulting an experienced attorney familiar with USCIS locally where you live to determine the impact of what you claimed to your employers to determine whether you are eligible to apply for Permanent Residency.
Answered on Jul 30th, 2012 at 10:49 AM

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