Washington, DC asked in Immigration Law for District of Columbia

Q: I am an American, my wife is Peruvian, she worked after the contract & visa expired. I-130 interview?

All the G-5 nanny's under the IDB Bank and their "families", were sent back to their countries, but we were married on 1/19/2019 & filed all the paperwork well before her contract expiration. Biometrics done, temp Real ID done, work permit issued, interview pending but she continued to work in 2019 w/out a visa or contract from 6/30/19 -12/30/19 for cash from same family. We do not want any deportation risk at the Permanent Residence interview nor de we wish repercussions for her previous employers or the Bank. Should we file the cash on the Federal taxes or just stay with the W-2 up to the last contract day of June 30, 2019?

Related Topics:
1 Lawyer Answer
Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: This isn't tax advice, and you should consult with a tax attorney or CPA for your tax questions.

For her interview, since you filed under, I'm guessing, an I-130 based on marriage, so it's an immediate relative petition. For these, the USCIS does not consider unauthorized employment, but they do need to know about it. Do not try to hide anything. They also do not consider her failure to maintain legal status.

For potential problems with the bank, it depends on what her contract with the bank said, if there was a contract. If no contract, I don't see a problem. If there was, then you should consult with a lawyer in your state about this.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.