I submitted a adjustment of status application for my husband. It contained all necessary forms along with an I765 application. At the time we applied, my husband's work permit was valid. We submitted all applications in December. My husband's work permit expired the end of January but he has been working ever since. His employer has not requested an updated work permit. It is now April and we have not received any update on getting a new work permit. We have submitted several update requests for the work permit from USCIS but have received no response. In one week we have the green card interview scheduled.
Your husband was supposed to apply for a new EAD card ("work permit") before the current one expired, by filing an I-765 Application with the USCIS. That being said, it should not cause a negative impact at his Permanent Residency interview.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
The fact that your spouse has been employed without employment authorization should not be detrimental to your spousal adjustment based on a U.S. citizen petitioner.
Based on the information you provided, it will probably not be a problem in and of itself. If you want legal representation at the interview, or even just to have an immigration attorney look over what has been filed and provide advice on what to expect at the interview and whether you should take anything else to the interview, you can find and contact an attorney through this site.
(I am not your attorney unless we have mutually agreed in a signed writing that I would represent you in a particular matter. What I have written above is general in nature. No attorney-client relationship has been formed.)
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline