If legally I was not supposed to work since I never had a work permit but did anyway, what should I do?

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If legally I was not supposed to work since I never had a work permit but did anyway, what should I do?

I came to America on a student visa and I have a SSN but it states on the card that I am not authorized to work without DHS authorization. Well anyway, I went ahead and got a job and paid taxes and filed taxes. Now I am married to a US citizen and she is going apply for my green card on marriage basis. The G 325a is asking for my employment in the country for the last 5 years. Disclose the info on the form that I worked? If yes, what if they ask me why I did this illegal act or I shouldn’t disclose it?

Asked on October 15, 2012 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as you will be adjusting status to permanent residence on the basis of a bona fide marriage to a US citizen, any prior unauthorized employment will be "forgiven" so that you are ok to disclose any and all prior employment and, in fact, you SHOULD disclose it since you will be signing all those forms under penalty of perjury, indicating that everything is accurate so if you do not disclose, that would be misrepresentation.  But, again, it will NOT count against you that you worked without authorization.


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