The clear intent of the law is to prohibit unapproved people from working in the U.S. employment market. If a person is currently applying for lawful status in the U.S. but has not yet received the EAD (work permit) or their LPR (Green card) approval, then they may not work lawfully.
The real question is whether or not Immgiration Serives will penalize you for working without documents in your application process?
If your spouse falls into the "immediate relative" category (US Citizen Spouse petitioning you), then your unauthorized work is exempted from the normal inadmissibility provision. In other words, the unauthorized work would not require a waiver or make you completely inadmissible to adjust status.
One problem that can really be a major stumbling stone is the "false claim to US Citizenship". Many people, especially people who have lived in the US for many years, will work as a US Citizen when they are not indeed a US Citizen. If USCIS finds out that you have made a false claim after 1996, you will be permanentely ineligible for LPR or Citizenship in the US.
This is provided as information alone, this is not legal advice and should not be construed as legal advice. This information should not be relied upon solely for any purpose. You should seek out the advice of a high level, licensed attorney for more information.
Answered on May 23rd, 2022 at 10:26 AM