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245i and work

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  • 245i and work

    if you applied for AOS thro' 245i and have worked unauthorized, does the 245i allow your unauthourized work to be forgiven?

  • #2
    More importantly, what will the IRS do?


    • #3
      "If" you are eligible for 245i, your previous unauthorized employment will not be an issue. Legally, no one should be working without work authorization, even if you "will" be eligible for 245i. You have to wait until you file for adjustment, and get your EAD.

      I would think that would be the case.


      • #4
        Mo is correct, also Alliba has a CLEAR point. One MUST file back taxes. I know from experience. Hubby was able to adjust under 245i and are now working with IRS to file and pay back taxes.


        • #5
          how do you work out the back taxes with irs?
          were you reported to them by the bcs (ins)and required to disclose your earnings? how do you account for everything you've earned when some of it was not documented?
          thanks for your input


          • #6
            BCIS does not disclose it to the IRS. It has to be done to be able to adjust, at least in our case. Hubby had to give an estimated figure, he also had 1099 for 2 years and we just had to do mathmatical estimations adding raises and such for the following years.


            • #7
              please, someone explain to me the requirements for 245i. thanks!


              • #8
                What do you mean by filing back taxes?

                if you do not have work authorisation and you do work off the books? is the employer not equally responsible for filing taxes?
                in that case if the employer 10-99 s your hubby then is he not equally liable?
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                • #9
                  can anyone explane the qualifications for 245i?


                  • #10
                    245i is a section of the immigration code that allows an out of status person to adjust his status to that of a permanent resident without leaving the us. it is presently not in effect however. go the bcis website and type in 245i in the search window you could find some more information


                    • #11
                      "245-i is not presently in effect"
                      You are wrong it is still in effect for family based immigration immediate relatives like a spouse or parents but only if you entered the country inspected.

                      It was one of American stupidity that in order to get a green card through 245-i you had to proof that your employer had paid you for many years for your unauthorized work and the same time INS did not give the alien any work permit for this purpose.

                      The challenge was that you had to work for your sponsor illegally uncaught in order to get a green card.


                      • #12
                        Maria--You're NOT talking about 245i, but another 245 with a different letter on the end. That little letter makes all the difference. 245i expired in April 2001 and has not been renewed. If you didn't apply then, you're out of luck. Nor did 245i do anything to legalize one's status during the wait to legalize. One is not authorized to work or to be in this country--those who were deportable remain deportable if caught until their petition is processed. Again, this provision was a temporary amnesty of sorts.

                        The 245 you're thinking of is what allows overstays who entered legally to adjust status and remain here. That's another 245 entirely and does not expire.


                        • #13
                          if you entered U.S. uninspected does this disqualify you? understanding that it is not in effect at this time.


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