Will i be penalized for working as an F-1 visa student while out of status in the USA.

Asked 10 months ago - Towson, MD

I had the unfortunate experience of dating a lunatic while i was enrolled in school here on my F-1 visa. She was black and she would always harass me, anyway due to my justified infidelity she called the cops on me and accused me of hitting her. i was arrested but later she was exposed and the charges where dropped, and i have expunged them. that's how i became out of status because i missed one year, anyway i am back in school and there is this great internship opportunity with a stipend, that needs my social security number which i have. the question is will i get in trouble with immigration if i work this internship and get paid while out of status. thank you.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . Penalized? It is not a criminal offense. You will have serious issues when and if you decide to renew your visa, apply for change or adjustment of status or anything else in between.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Gunda Johanna Brost

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . A few things in your question raise my concern. First off, what relevance is the fact that she was black? Secondly, I don't know what you mean by 'justified infidelity' but it would probably have been better for you to break things off with her before engaging in the 'justified' infidelity - I am sure you would have wanted that respect had you been on the receiving end of such infidelity. Finally, as to your question, it is not a good idea to work without authorization while on an F1 visa. There is a tight exception for emergencies for students to obtain employment authorization, but I am not sure if your situation as described would qualify for this, so you should consult an immigration attorney directly for more guidance. As to if you can work under the internship capacity, I would ask the school's DSO. I would strongly advise you not to do it on your own without authorization.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
  3. Guerline Ladouceur-Laurore

    Contributor Level 17

    3

    Lawyers agree

    Answered . Why is the fact that she was black relevant in asking your question? In any event, this will certainly come out if and when you try to adjust your status.

    This answer is not intended to replace a consultation with an attorney and does not create an attorney-client... more
  4. Maria J. Marty

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It's unauthorized employment and it will affect your future immigration status.

    Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide... more

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