I have consulted with two attorneys. One seems very concerned and the other is not and quoted INA 245 section c as evidence that it is not a means of denial. Just looking for more opinions.
of course you are. the more opinions the merrier. if you are a citizen, then your wife's unauthorized work is not going to stop her adjusting. But other things might. and you know what is even more strange? it is the citizen who petitions to get his spouse a green card.
If your spouse is adjusting based on a relative petition filed by you , the U.S. citizen spouse, then the unauthorized employment will not prejudice her case. If she is attempting to adjust through an employment based case, she will not be able to adjust if the authorized employment occurred since her last entry into the U. S.
If you are a US citizen and your wife is adjusting based on your marriage (a one-step immediate relative petition), her unauthorized employment, in itself, will not preclude her ability to adjust status. Her unauthorized employment could preclude her adjustment of status if it is through another type of petition. Having said that, there are other issues that could lead to a denial. You should make sure that your immigration attorney carefully reviews the case.
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