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:
- Check your Résumé or CV: If you’ve updated your résumé recently, it should list your previous positions, employers, and dates.
- 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.
- Review Tax Records: Your W-2s, 1099 forms, or tax returns will show the names of employers and the dates you worked for them.
- Social Security Earnings Report: If you worked in the U.S., the Social Security Administration can provide your earnings record, including employment details.
- 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.
Understanding Unauthorized Work and Its Implications
Unauthorized work in the United States can have serious implications for foreign nationals, especially those seeking to adjust their immigration status or apply for citizenship. This guide outlines how to present your case if you have a history of unauthorized work, the impact it can have on immigration benefits, and the potential for waivers.
Explaining Your Circumstances
When dealing with unauthorized work, it’s crucial to explain your circumstances clearly. Here are some steps to consider:
- Acknowledge Past Unauthorized Work: If you have worked without authorization, include this information in your immigration applications. Honesty is paramount; failing to disclose unauthorized work can lead to severe consequences, including application denial and deportation.
- Demonstrate Lawful Status Since Unauthorized Work: If you have maintained lawful status since the period of unauthorized work, provide evidence such as visa documents, employment records, and travel history to support your case. This can help mitigate the negative impact of past violations.
- Present Evidence of Rehabilitation: Highlight any positive contributions you have made since the unauthorized work. This may include community service, employment in lawful positions, or other indicators of good moral character.
Impact of Unauthorized Work on Immigration Benefits
Unauthorized work can significantly affect various immigration benefits:
- Family Petitions: Engaging in unauthorized work may bar you from adjusting your status through family petitions unless you qualify for specific exceptions (e.g., immediate relatives of U.S. citizens).
- Work Authorization and Travel Documents: Unauthorized employment can lead to denial of applications for work authorization or travel documents. It is essential to disclose all employment history accurately.
- Future Immigration Petitions: Disclosing unauthorized work may complicate future visa applications or petitions. However, being upfront about your history is better than concealing it.
Immigration Waivers for Unauthorized Work
Immigration waivers can provide relief for individuals with a history of unauthorized work:
- Types of Waivers: The most relevant waivers include Form I-601 (Application for Waiver of Grounds of Inadmissibility) and Form I-601A (Provisional Unlawful Presence Waiver). These waivers allow individuals to seek forgiveness for certain immigration violations.
- Eligibility Determination: To determine eligibility for a waiver, assess factors such as family ties to U.S. citizens or lawful permanent residents, extreme hardship to qualifying relatives, and evidence of rehabilitation.
- USCIS Considerations: When reviewing waiver applications, USCIS considers the severity of the violation, the applicant’s overall conduct since the violation, and any evidence demonstrating good moral character.
Effects on Naturalization and Citizenship Applications
Unauthorized work can also impact naturalization processes:
- Naturalization Process: Applicants with a history of unauthorized employment may face challenges during the naturalization process. It’s vital to address these issues candidly in your application.
- Good Moral Character Requirement: The relationship between good moral character and unauthorized work is significant; applicants must demonstrate that they possess good moral character despite past violations.
Common Myths About Unauthorized Work
Several misconceptions exist regarding unauthorized work in the green card process:
- Myth 1: Unauthorized Work Automatically Results in Denial: While unauthorized work complicates applications, it does not automatically lead to denial. Each case is evaluated based on its specific circumstances.
- Myth 2: You Can Hide Your Unauthorized Work: Attempting to conceal unauthorized employment is risky and can result in severe penalties if discovered. Transparency is essential.
- Myth 3: Only Paid Employment Counts: Unauthorized volunteer work may also be scrutinized by USCIS. It’s crucial to understand that any form of labor without authorization could be considered a violation.
Frequently Asked Questions (FAQ)
What should I do if I have a history of unauthorized work?
Be honest about your employment history when applying for immigration benefits. Include details about your unauthorized work and any steps taken toward rehabilitation.
How can I navigate my application if I worked without authorization?
Consult an immigration attorney for personalized guidance on how to address your past unauthorized work effectively.
What are the risks of not disclosing my unauthorized work?
Failing to disclose unauthorized employment can lead to application denial, deportation proceedings, and long-term consequences for future immigration benefits.
How do I seek professional guidance?
Consider reaching out to an immigration attorney or accredited representative who specializes in immigration law for assistance with your specific situation.
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a TN Visa or an E-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
