If you've worked without a work permit, you might be wondering if you should disclose this information to immigration authorities. Many people are scared to tell the truth, fearing repercussions. They might have worked under the table, been paid in cash, used someone else's name, or even another person's social security number. Let's break down the implications and provide some guidance.
Why Honesty Is Crucial in Your Green Card Application
When you're applying for a green card through a spouse, especially if you're the spouse of a U.S. citizen, your application will ask for your employment history for the past five years. It’s important to be honest about your work history. The government’s rules typically do not penalize you for working without a permit if you tell the truth. However, if you lie during your interview and they discover the truth later, it constitutes misrepresentation, which can severely damage your case. Misrepresentation means you'll need a waiver for your green card to be approved, complicating your situation significantly.
Exceptions for Immediate Relatives
For those who are immediate relatives of U.S. citizens—such as spouses, parents, or unmarried children under 21—the government is generally more lenient. They usually forgive unauthorized employment when applying for a green card through family-based petitions. Humanitarian cases, such as U visas for crime victims or T visas for trafficking victims, may also be forgiven for working without papers. However, the rules can be tricky, especially concerning asylum applications, so it's always wise to consult with a lawyer.
No Exemptions for Non-Immediate Relatives
If you are not an immediate relative of a U.S. citizen and are seeking a green card through another relative or an employer, unauthorized employment is a significant issue. The government will not overlook unauthorized work, and you'll need a waiver to proceed with your green card application. This waiver process can be challenging and requires thorough documentation and legal guidance.
Avoiding False Claims of U.S. Citizenship
One of the most critical points to remember is to never falsely claim U.S. citizenship. If you took a job and used a social security number claiming to be a U.S. citizen, this is considered a grave offense in the eyes of immigration authorities. Such false claims are extremely difficult, if not impossible, to overcome in immigration proceedings.
Seek Professional Legal Advice
Given the complexities of immigration law and the severe consequences of misrepresentation, it’s crucial to seek professional legal advice. If you have concerns about your work history and its impact on your immigration status, consulting with an immigration lawyer can provide clarity and help you navigate the process more effectively.