Found an issue on this page? Let us know and we will look into it as soon as possible.
I'm on F1 Visa. I've worked at places without EAD. Will i get into trouble getting green card by marriage to US Citizen(Wife)?
Anonymous4 views3 answers
I came to US on a Student Visa on fall 2008. I started working right after i got my SSN at various places without authorization. I also worked in college but for a very short time. After that, I graduated my Associate's degree and got my OPT. I worked in OPT and continued working even after expiration of EAD. I went to my country last year while my visa was still valid. I have never been out of status or anything. I have been filing my taxes every year. Now my visa is expired and I got married to my wife who is a US Citizen. We are trying to file for green card through marriage. I was wondering if my working will cause any trouble in the process. Should I write about it in G325A? Should I also apply for work permit when I file the I-130, I-485, I-693, I-864?
Any help is highly appreciated.
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
As long as you did not make a false claim to US citizenship, periods of unauthorized employment will not affect your ability to adjust your status through marriage to a US citizen. Please see
Disclose all employment, file or amend tax returns if applicable, and apply for EAD as part of the one-step package to be filed with the USCIS.
My response does not constitute an endorsement of status violation. The fact that you are asking about whether an EAD application should be filed makes clear that you require professional assistance.
People who have worked without authorization are eligible to apply for their green cards without leaving the U.S., notwithstanding the unauthorized work, if they are married to a U.S. citizen. These applications can be approved without problems, but there are some potential issues that can come up. First, you do have to disclose all your employment that the application forms ask for, even if it was unauthorized. So for example, if you have worked without authorization in the last five years, that job has to be listed on the G-325A. When an officer sees that an applicant for a green card has an employment history but has been out of status during that time, or has been in a status that does not allow work, they sometimes ask to see the applicant's I-9 forms from their employers. I-9s are forms that employers are supposed to make all employees fill out to verify that they have work authorization. What the immigration officers are looking for when they request those is evidence that the applicant has lied about their immigration status or work authorization on the I-9, and in particular evidence that they have falsely stated on the form that they are a U.S. citizenship. Unlike working without authorization, such misrepresentations can be grounds for denying the green card application and removing the applicant from the U.S. I recommend you discuss this issue in detail with a good immigration lawyer and hire a lawyer to assist you in your application if you decide to go ahead with it.
