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Immigration Issues/travel and work illegally while AOS

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Question
Hi Ajay,

First of all, thank you very much for your helpful advice I have been given by you.
Now I have a few more questions for you.

I just got married to a US citizen and he applied me for a green card. I already got an EAD card and an Advance parole.

But before this, I was overstayed F1 student and been working illegally by using my ssn that indicated "valid for working with INS authorized only"

My questions are;
1. Should I use my advance parole to go visit my family and come back to the US before its expiration? Would there be any problem? Actually, I am not really sure if I am considered overstayed or not. Since my I20 was valid till August 13, 2004, and I fould the application in Jan.20,2005. It's still within 180 days after i20 expired. But my class actually finished in Jan.2004 before the date on I20. In this case, would they count me overstay? Would INS check with the school the exact date the class ended?

2. Regarding my illegal working, should I do anything to fix it? I said in my application that I was unemployed. And now it's time to return tax. Should I file tax? I am now worried if I filed tax, it would get me a problem on interview. Or if I don't, it would cause me another problem with IRS(tax). Please advise.

Thank you very much Ajay. I hope to get the best solution for my case.

Best regards,
Daranee

Answer
Hi Daranee,

You must not travel until the time of the AOS interview, when they will stamp your card with the conditional resident stamp. If you travel with the advance parole document, there is a possibility that you will not be allowed back in the U.S. because of earlier violation of status (even though the violation may have been for less than 180 days).

It is OK to file tax. The IRS requires tax to be paid on income earned even if you were working without INS authorization. Admitting earlier employment will not cause a problem with the AOS interview since you are married to a U.S. citizen and you entered the U.S. legally. Your social security number will remain the same forever.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com  

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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