My wife is currently living and working in the US under a TN visa that is due to expire in August. I am a US citizen and we filed I-130s and I-485s for her and her teenage children in April. Biometrics are done; we are just waiting for the I-130 approvals and adjustment of status interviews to be scheduled. I understand that since she is in legal status she and the children can remain in the US while their cases are pending, up to a few months after her visa expires. Can she legally continue to work after her visa expires if that happens before her AOS is approved? Do we need to apply separately for employment authorization?
Robert Louis BrownImmigration AttorneyCleveland, OH ·
To be eligible to be employed she they need to have either employment eligible status or employment authorization based on the adjustment. However, if they do continue employment without eligibility, they may still remain eligible to adjust status. The employer may suffer sanctions by employing a person without employment eligibility,
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
I don't see why wife wouldn't want to apply for her EAD while her I-485 AOS is pending - it is free - with the EAD fee included in the $1,070 already paid for the I-485. With an EAD she can apply for a SSN and a driver's license after that, even if not intend to work at all..
Wife is not legally allowed to work once her visa expires, unless on an EAD. But regardless of whether she does or not, spouses of US citizens, deemed "Immediate Relatives" cannot be penalized for having engaged in unauthorized employment.
No she cannot work after her status expires just because she has an I-485 pending. Why not apply for an Employment Authorization Document (EAD) - there is no additional filing fee for it (it is part of the I-485 fee) and it will avoid all the issues with a TN - i.e., cannot extend TN while I-485 pending, cannot travel and re-enter on TN with I-485 pending, etc.
Yes, if your wife wants to work after August 1, she needs to file for a work permit ... don't assume that the interview will happen before then. Plus, it didn't cost any extra when filing the 485.
ALSO, unless they have filed I-131 forms ... which also didn't cost extra.
She should apply for the work permit (no additional fee required) and this will aid with driver's license extension even if she doesn't want to work. She should not work without authorization.. Once her I-485 is on file she will not be able to extend the TN as that required non-immigrant intent.
