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Working on my old J1 social security while on a B2?

Brooklyn, NY |

I was working and living in the us on a year J1. While in status I applied to change my status to a B2. Before the application was processed I returned to my home country. I tried to return 2 weeks later on a VWP but I was denied entry. I went to the US embassy in Ireland and have now returned on B2. How much trouble will it cause for me if I work and use my social security number? I plan to get married in the next month. Will this effect my husbands petition for me?

Attorney Answers 4


  1. I see two substantial issues based upon the information provided. The first is you intend to work in the United States after entry with a B-2 non-immigrant visa. You are not allowed to work in the United States without authorization regardless of whether you have an old social security number. Unauthorized employment at the very least can be an adverse factor and can be a bar to future admission. It may not directly impact a petition filed by a spouse who is a U.S. citizen, but if you do not marry it can have serious consequences to future admission.

    You have also mentioned your intention to marry next month. You cannot use a B-2 non-immigrant visa to enter the United States with the intent to permanently immigrate. This is considered i"immigrant intent" and can result in a finding that you committed fraud/misrepresentation upon your entry. This can lead to a permanent bar to admission that can only be waived if you can establish a qualifying relative will suffer extreme hardship. If you wish to marry in the United States and seek permanent residence, you are best off either marrying and returning to your native country for consular processing of the immigrant visa or entering with a fiance visa.


  2. It would be in violation of status for you to work. Unlawful employment is not a bar to adjustment of status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  3. You are not authorized to work in your current status but would be still eligible to apply for a green card if you married a US citizen.


  4. I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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