interview this coming week

[scott]

well, the time is almost here and i just wanted to see if you all had any last minute suggestions?

let me refresh you with our case:
wife came here on a student visa, but due to financial difficulties she never attended school. some say this is going to look like immigration fraud, others say as long as we are really married we will have no problems.

she wad a little unauthorized work. we did not put it on the form 325. that is what our attorney suggested. i am afraid they will know about it. he said not worry about it, just said we told him, but he didnt put it on there.

keeps your fingers crossed for us and wish us luck.

[aprilstorm]

Good luck. I hope everything goes good.

[Pinkpig]

well, the time is almost here and i just wanted to see if you all had any last minute suggestions?

let me refresh you with our case:
wife came here on a student visa, but due to financial difficulties she never attended school. some say this is going to look like immigration fraud, others say as long as we are really married we will have no problems.

she wad a little unauthorized work. we did not put it on the form 325. that is what our attorney suggested. i am afraid they will know about it. he said not worry about it, just said we told him, but he didnt put it on there.

keeps your fingers crossed for us and wish us luck.

Hey Scott,

I know your case. I have posted here some things for you to read. I don't know if it addresses your case specifically but it should put your mind at ease somewhat. I guess as much as can be until you have the greencard in hand. Good luck to you at your interview.

http://immigrate2us.net/forum/showthread.php?t=130

A . Duration of Status Cases: Although
most nonimmigrants are admitted for a
specified period of time, students, exchange
visitors, information media representatives
("I" visa holders), and holders of certain
diplomatic visas are usually admitted for
"duration of status" (D/S). An alien admitted
for "duration of status" will begin to accrue
unlawful presence only if either:


* an Immigration Judge (IJ) finds the alien
has violated status and is
excludable/deportable/removable, or


* the INS, in the course of adjudicating an
application for a benefit (e.g., extension of
stay or change or adjustment of status),
determines that a status violation has
occurred.

D. Alien Admitted for D/S Who Violates
Status:

(I) Alien admitted on a student visa for
duration of status, drops out of school day
after arrival, takes up unauthorized
employment, departs ten years later without
ever having been found to have violated
status by INS or an IJ: no unlawful
presence accrued, not subject to 9B. In
addition, 222(g) does not apply because there
was no formal finding of a status
violation by INS or an IJ. (see Ref D Septel
on 222(g)).


(II) Alien admitted for duration of status,
violates status, e.g., by working without
authorization, is out of status for any
period of
time, applies for a change of status (COS),
which INS denies on the ground that alien was
out of status. Unlawful presence
begins to accrue on the date of the denial.
The alien departs voluntarily on his own
prior to commencement of removal
proceedings 180 days or less after INS
decision: not subject to 9B because alien did
not accrue more than 180 days of
unlawful presence after INS decision;
however, alien is subject to 222(g).


(III) Same facts as (II) but alien requests
voluntary departure, which INS grants 180
days or less after the denial of COS, and
the alien departs within the time granted:
not subject to 9B because alien did not
accrue more than 180 days of unlawful
presence; however, alien is subject to
222(g).


(IV) Same facts as (II), but INS grants V/D
more than 180 days but less than one year
after the denial of COS, and the aliendeparts
within the time granted: subject to three-
year bar of 9B1, and to 222(g).


(V) Same facts as (II), but removal
proceedings are instituted after INS's denial
of COS, IJ agrees that alien violated status
and
grants V/D (with alternate order of removal)
180 days or less after the denial of COS: not
subject to 9B (period between INS
decision to deny COS and IJ's grant of V/D
counts as unlawful presence, but period was
less than 181 days, and grant of V/D
is considered by INS to be a period of stay
authorized by the Attorney General for 9B
purposes); alien is, however, subject to
222(g).


(VI) Same facts as (V), but IJ issues V/D
order more than 180 days but less than one
year after INS decision: not subject to
9B (although more than 180 days of unlawful
presence accrued, three-year bar does not
apply because alien did not depart
before commencement of removal proceedings
and ten-year bar does not apply because alien
did not accrue at least one year
of unlawful presence). 222(g) applies because
INS and IJ found status violation.


(VII) Same facts as (V), but IJ issues V/D
order one year or more after INS decision:
subject to ten-year bar of 9B2 because
one-year-plus period between INS denial of
COS and IJ grant of V/D counted as unlawful
presence. 222(g) also applies.


(VIII) Alien admitted on student visa for
duration of status, drops out of school the
next day, takes up unauthorized
employment, stays ten years, is put in
deportation proceedings, is found to have
violated status but is simultaneously granted
voluntary departure, and departs before date
specified in V/D order: no unlawful presence
accrued, not subject to 9B because
"unlawful presence" clock did not start to
run until IJ finding and has immediately
suspended by V/D order. 222(g) applies,
however.


(IX) Same facts as (VIII), except alien does
not depart until seven months after the date
specified in V/D order: not subject to
9B (unlawful presence of seven months
accrued, but three-year bar inapplicable
because departure occurred after
commencement of removal proceedings). 222(g)
applies, however.