Unauthorized Work

[cr891]

Will previous under the table work done on an F-1 visa be grounds for refusal of an CR/IR-1 visa processed overseas? Although there is no reason to believe CIS knows about the work, we would be compelled to disclose this work on a G-325 and DS-230 form.

Thank you.

[SunDevilUSA]

CR891: Yes, unauthorized employment is grounds for the denial of either an immigrant or non-immigrant visa.

I'm confident that the F-1 visa holder knew that they were not authorized to work in America...but, thought that they were way too important to follow the terms of their visa status.

...and, you'd be surprised at what USCIS knows, so you should be honest.

[Brit4064]

Will previous under the table work done on an F-1 visa be grounds for refusal of an CR/IR-1 visa processed overseas? Although there is no reason to believe CIS knows about the work, we would be compelled to disclose this work on a G-325 and DS-230 form.

Hi there,

It would depend a bit on what you are basing the application on. A CR-1/IR-1 is a relative (immigrant) visa, i.e. marriage to a US Citizen or immediate US relative and as such any unauthorized work is usually forgiven:

"You are not eligible for adjustment of status if any of the following apply to you:

* You entered the U.S. in transit without a visa;
* You entered the U.S. as a nonimmigrant crewman;
* You were not admitted or paroled following inspection by an immigration officer;
* Your authorized stay expired before you filed this application, you were employed in the U.S., prior to filing this application, without USCIS authorization, or you otherwise failed to maintain your nonimmigrant status, other than through no fault of your own or for technical reasons; unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old), a K-1 fiancé(e) or K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission, or an "H" or "I" special immigrant (foreign medical graduates, international organization employees or their derivative family members)"

http://www.visanow.com/immigration-a...-card-I485.asp

[aneri]

Brit, that's for AOS, when the applicant is in the USA.

When it comes to visas, cases like this, depend on consular officer: how easy or difficult she/he wants to make it for the visa seeker.. Yes, I know there is a law... unathorised work itself, although illegal, is not a ground for bar... however, one may ask about intention, misrepresentation ect. Or may not...

[MakeItRight!]

Should Have Pretended Under The Table Doesnt exist! . I Dont Approve Of Fraudsters Or Cheaters! However Survival In New Land Takes Time To Understand! Got Kids? What Is The Complete 100% Rest Of The Story????