Should I put my employment history on my I 765 and 325a?

I am applying for permanent residency. I have worked in the past but I do not have authorization to work. Several forms ask for my employment history. I have paid taxes with the use of an EIN. I do not know whether to include my employment history or omit it. I believe putting it down would be an admission of a crime (working without auth), while omitting it may be fraud. Will I get in trouble for working without authorization, when they orizationsee it on the forms? What should I put down?

Asked on November 7, 2011 under Immigration Law, New York


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are applying for permanent residence on the basis of a valid marriage to a US citizen, any unlawful presence or unauthorized employment is forgiven, so you can freely state all your previous employment history in the US on those forms and there will be no negative consequences to that.  I'm assuming that if this is your basis for filing you are either in the US unlawfully due to an overstay but an initial lawful entry or you are protected under 245i.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.