QUESTION
Is illegal work and unauthorized stay forgiven, if a U.S. citizen applies for their spouse in the U.S.?
Asked on Sep 25th, 2012 on Immigration - California
More details to this question:
Is illegal work and unauthorized stay forgiven, if a U.S. citizen applies for their spouse in the U.S. and if the spouse has entered LEGALLY and if there is no fraud in obtaining the employment?
10 ANSWERS
Bruce A. Coane
Generally, it is forgiven, but there are always exceptions. In 30 years of representing clients, I don't think I've ever had a case where it was not forgiven.
Answered on Jun 12th, 2013 at 1:36 AM
Rebecca T White
Typically yes. You will want to fully review the facts with an attorney prior to filing.
Answered on Jun 12th, 2013 at 1:19 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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Yes.
Answered on May 22nd, 2013 at 1:45 AM
As long as the foreign national spouse ENTERED the US LAWFULLY and then marries a US citizen, any unauthorized stay or unauthorized employment will be forgiven.
Answered on Oct 01st, 2012 at 11:50 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Yes these will be overlooked with a legal entry. Contact me as indicated and I will advise what is needed to apply, forms, fees, procedures, etc.
Answered on Oct 01st, 2012 at 12:08 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Yes, it will all be forgiven, so long as the marriage is real and the entry into the U.S. was legal.
Answered on Sep 29th, 2012 at 1:00 AM
Hello, I don't know if you would call it 'forgiveness,' but it is usually not an issue with family petitions. If he entered legally, and there are no other issues, it will not bar him from getting a greencard. If you would like more information on family petition requirements, please see www.lalwayerchick.com under the Family Petitions link.
Answered on Sep 27th, 2012 at 5:52 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. USCIS doesn't seem to penalize green card applicants who entered legally but then remained illegally (and worked illegally too). So nothing to worry about. But still good idea to consult with an attorney.
Answered on Sep 27th, 2012 at 2:54 PM
Yes, you can apply for adjustment of status as the spouse of a US citizen if you entered the country lawfully.
Answered on Sep 27th, 2012 at 2:53 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Unauthorized employment and overstaying a visa will be excused if you otherwise qualify for adjustment of status by marriage to a US citizen.
Answered on Sep 27th, 2012 at 2:53 PM