SPECIAL WARNINGS TO ALL ALIENS WISHING TO OBTAIN IMMIGRANT STATUS IN THE UNITED STATES OF AMERICA
If you divulge to the Attorney the fact that you began to work unlawfully in the US within the first 60 days of entry on any Non-Immigrant Visa (e.g. Tourist Visa), then the Attorney is ethically obligated to put this information on forms that will be submitted to the US government.
Admission of this fact can cause you trouble later on if you wish to obtain Immigrant Status in the USA. THESE FACTS WILL BE INCLUDED, AS YOU HAVE STATED THEM, ON THE FORMS FOR SUBMISSION TO THE GOVERNMENT.
If you began unlawfully to work within 60 days of entering the US with a Non-Immigrant Visa, you are considered to have committed VISA FRAUD. This means that you misrepresented yourself or lied on the Non-Immigrant Visa application (Government Form OF156 is used in all US Embassies and Consulates worldwide). This is called the 30-60 day rule; for further explanation, ask the Attorney.
When you have a final Immigrant interview, the Consular Officer or Immigration and Naturalization Service (INS) agent will examine all of the forms that are submitted for the Immigrant Visa. You should also be aware that you must file Federal income taxes for either all the years, or for the last three years (at a minimum), that you have lived and worked in the US -- regardless of your legal status. If you have not filed these taxes, then you will be denied Immigrant Status by the US government.
Remember, all of your work history as you write it will be divulged on the Biographic data form (G-325) or Labor Certification application which must be submitted to get an Immigrant Visa.
The Attorney will not lie, change, or hide facts on any forms, and will therefore submit exactly what you have listed on the draft copies for eventual submission to the INS.
Note: Logically, you will not be charged with “fraud” if you entered the country secretly or illegally.
©The Law Offices of Romney Wright, September 1999
