Should I Include Unauthorized Work in My Employment History for a Green Card Application

When applying for a marriage-based green card, honesty and accuracy are crucial. It’s essential to provide a complete record of your employment history, including any periods of unauthorized work. Failing to disclose this information can have serious consequences, including the denial of your application. It’s important to be transparent and ensure that every detail on your application is correct, even if it means admitting to working without authorization in the past.

In this guide, we’ll walk you through everything you need to know about completing the employment history section of your green card application, including how to handle unauthorized work.

Completing Your Employment History on a Green Card Application

What Employment History is Required for a Green Card Application?

When you apply for a green card through marriage (or a family member), the U.S. government wants to know where you’ve worked for the past five years. If you’re applying from outside the U.S., this period is extended to the last 10 years. This includes all jobs you’ve held, regardless of whether they were legal or not.

If you’ve only worked for a couple of employers during this time, you’ll have no problem completing this section. However, if you’ve had multiple jobs, or if you’re having trouble remembering the exact details, don’t worry. We’ll show you how to fill out this section accurately and what information the U.S. government expects you to provide. Plus, we’ll give you some tips for recalling missing details.

Employment History Requirements

Both the green card applicant and the sponsoring family member (the U.S. citizen or green card holder) must provide their employment history on the appropriate immigration forms. Below is a breakdown of the forms you’ll need to complete and what they require:

Forms and Employment History Requirements

Which Form?Whose Employment History?For Which Years?
I-130 (Family Sponsorship Form)Sponsoring family member (U.S. citizen or green card holder)Past 5 years
I-130A (Supplemental Information)Green card applicant (living in the U.S. or abroad)Past 5 years (or 10 if abroad)
I-485 (Green Card Application)Green card applicant (living in the U.S.)Past 5 years
DS-260 (Online Green Card Application)Green card applicant (living abroad)Past 10 years (or longer for some countries)

The applicant will need to include the employment history for the last five years if living in the U.S., or the last 10 years if applying from abroad. However, specific details about each job are necessary, including:

  • Employer’s name
  • Employer’s address (where you worked)
  • Your job title or position
  • Exact start and end dates (month/day/year)

Some forms may pre-fill certain fields based on your current status. For example, the I-130 and I-130A will assume you’re currently employed, so your first employer’s end date will be pre-filled with “PRESENT.” However, you can adjust these details as necessary, such as if you’re currently unemployed or working part-time.

What Information to Include for Each Employer

You will need to provide detailed information for each job, including:

  • Employer Name and Address: Where you worked or where you reported to.
  • Job Title: Your official position.
  • Start and End Dates: The exact dates you worked (month/day/year).

If you worked abroad or have held multiple jobs, these details are still required, and it’s important to be as accurate as possible.

Special Situations in Employment History

Not everyone’s work history is straightforward, and you may face situations that need special handling. Here are some examples:

1. Unauthorized Work

If you have worked without authorization at any point, you should still include this information. While unauthorized work can complicate your application, leaving it out is a serious mistake. The U.S. government expects full disclosure, and any attempts to hide or misrepresent your work history could lead to your application being denied. Be honest and explain if necessary.

2. Being a Student or Intern

If you were a full-time student or held an unpaid internship, this still counts as employment. On the forms, you can list “Student” or “Unpaid Intern” as your job title, and provide the name of the school or company where you interned.

For the DS-260 form (for applicants living abroad), select “STUDENT” from the drop-down menu for primary occupation, or “OTHER” if you were an intern.

3. Part-Time Work

Part-time jobs are also considered employment and should be listed just like full-time jobs. Whether you worked part-time or full-time, all paid work needs to be included.

4. Unemployment, Retirement, or Homemaker Status

If you were unemployed, retired, or a stay-at-home parent (homemaker), you should list these accurately. On the forms, you would write “Unemployed”, “Retired”, or “Homemaker” in the space where you’d normally list your employer’s name.

5. Gaps in Employment History

If there are gaps in your work history, you should explain why. The U.S. government understands that not everyone has a perfect employment record. However, you should still provide as much detail as possible to avoid delays in your application.

How to Handle Gaps or Missing Employment History

If you can’t recall the exact start or end dates of your jobs, don’t panic. You can still provide approximate dates and include an explanation in your application. It’s far better to provide estimated dates than to leave gaps.

If you’ve forgotten any past jobs, you can try the following methods to recall them:

  1. Check your Résumé or CV: If you’ve updated your résumé recently, it should list your previous positions, employers, and dates.
  2. Request Employment Verification Letters: If you can’t remember the details, your past employer can often provide a letter confirming your employment dates and position.
  3. Review Tax Records: Your W-2s, 1099 forms, or tax returns will show the names of employers and the dates you worked for them.
  4. Social Security Earnings Report: If you worked in the U.S., the Social Security Administration can provide your earnings record, including employment details.
  5. State Unemployment Office: If you’ve ever filed for unemployment benefits, your state’s unemployment office can provide a record of your work history.

How to Report a Change of Address

If you move after you’ve already submitted your application, it’s important to update your address with the U.S. Citizenship and Immigration Services (USCIS) to avoid missing important notifications. This can be done easily through the USCIS website.

Accurate and honest reporting of your employment history is a critical part of the marriage-based green card application process. Whether you have unauthorized work in your past or a few gaps in your employment record, it’s important to include all the details and explain any missing information clearly. The more thorough and transparent you are, the better your chances of a smooth application process. If you’re unsure about any part of the process, don’t hesitate to consult with an immigration attorney for guidance.

Scroll to Top