Posted by: Racheeta December 13, 2013
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Hi Hicky,
Like i said USCIS probably doesn't care about these things unless you have Criminal history, Police Arrests or something bad. But rules are rules and you don't know when they come hunt you down.
I don't know if you heard a case about 9 students in Kansas and how they were caught after many years of showing fraud bank balances for proving their eligibility to pay tuition.
Now Let's get back to the point on one of your statement: "We all have worked in various places while on F1, paid taxes and filed for returns".....
--> Yes i agree. But most of the students do that while they are on F1 BUT they travel back to home, come back again. Maybe get H1 and travel back home and come back again. So they get washed out of their violation after re-entering United States. Read this guidance:
245(k) guidance states "The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s LAST LAWFUL admission."
So, Most people are covered with this rule. Once you re-enter US in a valid non-immigrant visa your are considered clean. That's why i asked you whether your wife has gone outside of US and re-entered again after her unauthorized work ?
Like i said USCIS probably doesn't care about these things unless you have Criminal history, Police Arrests or something bad. But rules are rules and you don't know when they come hunt you down.
I don't know if you heard a case about 9 students in Kansas and how they were caught after many years of showing fraud bank balances for proving their eligibility to pay tuition.
Now Let's get back to the point on one of your statement: "We all have worked in various places while on F1, paid taxes and filed for returns".....
--> Yes i agree. But most of the students do that while they are on F1 BUT they travel back to home, come back again. Maybe get H1 and travel back home and come back again. So they get washed out of their violation after re-entering United States. Read this guidance:
245(k) guidance states "The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s LAST LAWFUL admission."
So, Most people are covered with this rule. Once you re-enter US in a valid non-immigrant visa your are considered clean. That's why i asked you whether your wife has gone outside of US and re-entered again after her unauthorized work ?