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

UPDATED: Nov 7, 2011

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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 11 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.

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