I've been admitted to the US on TN-1 visas as a management consultant for over five years but actually working as a waiter (and paying taxes as a waiter). I'm currently in the US on a B2 and still working. My American girlfriend and I want to marry; do we still have a chance of staying in the US, or will my past infractions make that impossible?
The unauthorized employment is not a problem, but you could have a problem if there was a misrepresentation to gain entry into the U.S. See my article, "A Lie Can Exclude You From the U.S. Forever", on our website at http://www.immilaw.com/Newsletters/2007%20Janua....
Generally if you entered legally with a valid visa and you are seeking permanent residency based on marriage to a U.S. citizen certain violations of immigration status such as visa overstay does not impact the ability to file your application for U.S. permanent residency in the U.S. You should cosnult an experienced immigration attorney for advice pertaining to your aprticular situation.
You should be fine to file for adjustment of status as long as your last entry was legal. However, it is important to consult with an experienced immigration attorney to be able to evaluate your prior TN complication. I woud recommend a phone call versus an email in the future : ).
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