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Worked Illegally before Green Card Marriage Petition

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  • Worked Illegally before Green Card Marriage Petition

    I came across two questions about having worked without proper authorization and about violating visa status while filling the I-485 form. I am married and trying to file for an adjustment of status. I had previously worked for a company with proper authorization (OPT) but I went back to school. Without knowing that going back to school cancels that authorization, I continued working. My employers have also sent 1099-K forms concerning my income to the IRS, which I haven't filed yet.

    How should I go about this? How likely is it that my application gets denied?

  • #2
    Originally posted by eazi View Post
    I came across two questions about having worked without proper authorization and about violating visa status while filling the I-485 form. I am married and trying to file for an adjustment of status. I had previously worked for a company with proper authorization (OPT) but I went back to school. Without knowing that going back to school cancels that authorization, I continued working. My employers have also sent 1099-K forms concerning my income to the IRS, which I haven't filed yet.

    How should I go about this? How likely is it that my application gets denied?
    With certain exceptions, an applicant is barred from adjusting status if: He or she continues in or accepts unauthorized employment prior to filing an applicati


    If you look at the above link you will see that this bar to adjustment of status (Unauthorized Employment) does not apply to people filing in the immediate relative category.

    In other words if you are marrying a US Citizen it is forgiven and does not count against you. You should still include it in the forms and fill out all forms truthfully

    Comment


    • #3
      Originally posted by S_R_E View Post
      https://www.uscis.gov/policymanual/H...-Chapter6.html

      If you look at the above link you will see that this bar to adjustment of status (Unauthorized Employment) does not apply to people filing in the immediate relative category.

      In other words if you are marrying a US Citizen it is forgiven and does not count against you. You should still include it in the forms and fill out all forms truthfully

      Thanks For the info.

      Comment


      • #4
        Originally posted by S_R_E View Post
        https://www.uscis.gov/policymanual/H...-Chapter6.html

        If you look at the above link you will see that this bar to adjustment of status (Unauthorized Employment) does not apply to people filing in the immediate relative category.

        In other words if you are marrying a US Citizen it is forgiven and does not count against you. You should still include it in the forms and fill out all forms truthfully
        So on the I-485 form, do I need to also check yes for "violating the terms or conditions of your non-immigrant status" question?

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        • #5
          Originally posted by eazi View Post
          So on the I-485 form, do I need to also check yes for "violating the terms or conditions of your non-immigrant status" question?
          Yes, because you did

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          • #6
            Originally posted by eazi View Post
            I came across two questions about having worked without proper authorization and about violating visa status while filling the I-485 form. I am married and trying to file for an adjustment of status. I had previously worked for a company with proper authorization (OPT) but I went back to school. Without knowing that going back to school cancels that authorization, I continued working. My employers have also sent 1099-K forms concerning my income to the IRS, which I haven't filed yet.

            How should I go about this? How likely is it that my application gets denied?
            Hello eazi,

            Thanks for this question. I'm currently in the same situation. How did it go with yours?

            Thanks very much!

            Comment

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