I overstayed on my J1 visa which ended Dec 2017 and had to work briefly at a restaurant for about a month in March 2018 with my ssn as I was facing extreme financial hardship. (Employer told me if I paid taxes, I won’t have any issues) I’m married in good faith to my wife who is American and will be filing for my papers very soon. Will the one months work affect my green card application negatively?
Im also not subject to 2years residency.
If you are adjusting your status on marriage you should not have problems with working without authorization. But your employ's advice is incorrect.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Speak Spanish and Russian languages. More than 10 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If you use an attorney, you should be forgiven for your 2 immigration violations ... as long as you didn't claim to be a US citizen when you filled in form I-9 for the restaurant.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline