QUESTION

Can working without authorization hurt a i130 and i485 petition?

Asked on Sep 29th, 2017 on Immigration - California
More details to this question:
My husband started working last year and I am filing a petition, one of the questions is has he worked unauthorized, can the petition be denied?
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2 ANSWERS

Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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If you are a US citizen that will not hurt his case.
Answered on Oct 04th, 2017 at 7:45 AM

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Immigration Law Attorney serving Atlanta, GA
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Of course, the petition must be completed truthfully and accurately. More information is needed, however, in order to provide a legal analysis of whether your husband's visa violation (employment without authorization) will stand in the way of eligibility to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). Generally such a violation will be immaterial in a marriage-based case in the Immediate Relative category, but could render your husband ineligible to adjust status in the Second Preference category. This is just one of the details in the application process that can be significantly more complex than it might appear. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 04th, 2017 at 7:45 AM

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