Immigration Law Questions? Ask an Immigration Lawyer.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.
What is the basis of your I-130 application?
Marriage to a U.S. Citizen, perhaps?
marriage 1 yr but i dont want to lie about working, but i am afraid they will deny or take a long time to accept the i 130
Ok, and why do you think you will need an I-601 waiver?
not now, later...my husband never had a crewmans visa d1....and overstayed 20 years undocumented
are you there
Yes, sorry. I stepped away for a moment.
So what visa did he use to enter the U.S.?
its a visa for 29 days only...my question is about the employment... if i tell the truth on 325a and i130......im afraid they wont accept our forms
our lawyer told us not to disclose his employment, and i didnt agree
Well, the thing is that I like to be thorough with my answers and anticipate other issues, etc. But if you just want me to focus on his illegal employment, I will....
Why don't you agree with your lawyer?
because i dont want to lie about him working. we think it is the right thing to do. and pay a fine rather than lie and then go on an interview and have to lie again
Well, I had this same discussion with a customer of this website and they got very upset at me. I hope you do not get upset as well. I'll explain....
no. i wont
I agree with your attorney and the reason is that marriage to a U.S. Citizen is basically something that makes illegal employment a non-issue.
Essentially, illegal employment is not one of the grounds of "inadmissibility".
So it would not cause a denial if he fails to disclose illegal employment or even if he discloses it. They pretty much know because he had to support himself somehow, but they choose to ignore it and never ask questions about it.
So in my 12+ years of practice, doing cases just like yours (my favorites, by the way), I always fill out the G-325As leaving out any information about employment.
This has the benefit of not being a lie.
Omitting information is not lying about it.
So I just leave those in blank.
ok,,, i was planning on writing self employed, but i think i will leave them blank
That has always worked for my clients.
are you in florida?
So he should be able to get the I-130 approved.
Yes, I am in Florida.
do you have an office?
will need you later for the 601
I do have my own practice. Would you mind if we switched this over to Q&A? There is a method to my madness.
i dont understand
Ok. Give me a sec....
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).