Unauthorized employment married to a permanent resident ?
If someone is married to a legal permanent resident and this person has worked without authorization in the past and wants to adjust status through the PR spouse, does that mean that waiver 601 is needed to waive this violation?
I was looking through it but it does not mention unauthorized work in waiver 601.
How to adjust status through permanent resident with previous unauthorized employment?
How quickly will the LPR spouse become a US citizen? Unauthorized employment generally is not held against the intending immigrant if the immigrant is petitioned by a US citizen when they are immediate relatives of each other....
If the intending immigrant came into the US with inspection by US official, being present in the US for some time without legal immigration status is also not held against someone being petitioned as an immediate relative of a US citizen....
Thuong-Tri Nguyen. I am not your attorney until we agree that I am. In posting on an open site, I am not giving you any "legal" advice. I am just giving you what I think with the information I have from the post. You should review the specific facts with your attorney to find out your legal options.
A period of unauthorized employment could potentially affect the decision of the USCIS officer in adjustment of status proceedings.
Whether you can adjust at all is an entirely different question that depends on the manner of your entry into the U.S. and your current immigration status.
Marriage to a U.S. LPR does not allow for concurrent filing of the i-130 and i-485 applications and you have to remain in legal status throughout the pendency of the i-130 application.
Consultation with an attorney is highly recommended.
How to adjust status through permanent resident with previous unauthorized employment?
You cannot do so.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
Generally, a person with previous unauthorized employment is not in status and cannot adjust status through a permanent resident.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
