Ask a Lawyer - Archive

I entered the United States legally with a student visa. However, I worked off campus without authorization with the SSN issued to me. Do I need to list these employments on the G-325 when I file for adjustment of status, or if I don't list these employments, will anyone know, especially because I have been in status since I came into the United States?

You have an obligation to tell the truth on all of the forms that you submit to the United States Citizenship and Immigration Service (USCIS). Because of the endless resources at USCIS's disposal, all applicants should assume that the USCIS will use its resources to verify the accuracy of every answer to every question. Therefore, it is important to list any and all employment in the United States, whether it was authorized or not. In the context of a family-based visa petition, the main issue is whether the family relationship meets the legal requirements under the law. For example, if you are married to a United States citizen, USCIS's focus is on your intent at the time you married your spouse. Granted, you will need to fill out Form G-325, Biographic Information, which inquires into your employment for the last five years. However, the adjudications officer's focus at your marriage interview is to determine the validity of your marriage, not necessarily to catch you with unauthorized employment. If you do not disclose your unauthorized employment and the adjudications officer knows about it, the adjudications officer may interpret that lack of disclosure as an indication that you are not disclosing other relevant information about your marriage.

Unless you are qualifying for adjustment of status under Immigration and Nationality Act (INA) section 245(i), you are not required to submit Form I-485A and pay the $1,000.00 fine. For example, if you are adjusting your status to lawful permanent resident based on marriage to a United States citizen, you are not adjusting your status to permanent resident under section 245(i) of the Act. Rather, your adjustment occurs under section 245(a) of the Act.

It is always important to tell the truth on all of the forms that you submit to USCIS. It is just as important to submit the correct forms, which depend on the type of benefit sought and the underlying eligibility for it. It would be wise to consult with an experienced immigration attorney to discuss these broad issues in more detail as it pertains to your specific case.