Q.  I’m applying for legal permanent residence in the US, based on my marriage to a US citizen.  I’m undocumented, and I’ve been working here for several years without authorization from the immigration authorities.  I see that the forms involved in the process for getting a green card include questions about my employment history as far back as five years ago.  I’m concerned that my application will be denied if I list my jobs in the US.  What should I do?

A.  Quite simply, you need to tell the truth in response to all the questions on the forms filed with US Citizenship and Immigration Services (USCIS).  This means not just making true statements; it also means not omitting facts when asked for them.

Some applicants are tempted to say that they have been unemployed for their entire time in the US or to simply leave blanks where job information is sought.  Likewise, some applicants think that they can get away with denying past involvement with the criminal justice system in the US or abroad or with omitting reference to past entries into the US or past marriages, for example. 

This belief is often based on rumors or hearsay about some acquaintance who allegedly got away with this in the past.  Applicants need to realize that the Department of Homeland Security and the FBI run criminal background checks on applicants that reach records worldwide.  Plus, US arrival and departure records are held in a computerized database and are easily retrievable by immigration officers.  Finally, the interviews for adjustment of status applicants are conducted by experienced USCIS officers who are adept at detecting falsehoods in applications.

There are potentially two major consequences when certain false statements or omissions are detected:  (1) The immigration benefit sought could be denied, and the applicant will risk deportation; and (2) making a false statement or omitting a material fact on an application form (as well as submitting any false documents to accompany an application) is equivalent to perjury, a federal felony that could result not just in deportation but also in prosecution and imprisonment in the US beforehand.

It is, therefore, crucial to understand the importance of submitting complete and accurate applications to USCIS.  The good news for adjustment of status applicants who are immediate relatives of US citizens (spouses, parents, unmarried children under 21) is that unlawful presence in the US and unauthorized unemployment are not in themselves grounds for denying an application.  Likewise, some minor criminal offenses, if openly disclosed, are not necessarily a bar to permanent residence.  However, anyone who has a criminal record, no matter how minor and how long ago, and no matter what the outcome of the case was, needs advice from an experienced immigration lawyer before proceeding with any application to US immigration authorities.

Rian attorneys are available to provide advice on any immigration matters.  Our walk-in immigration clinics have been suspended due to COVID-19, but our attorneys are providing free immigration consultations over the phone and will be happy to speak with you.  Please call 617-542-7654 to schedule a phone consultation.

Disclaimer:  These articles are published to inform generally, not to advise in individual cases.  Immigration law is always subject to change.  The US Citizenship and Immigration Services and US Department of State frequently amend regulations and alter processing and filing procedures.  For legal advice seek the assistance of Rian legal services staff.