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  • Adjustments of status (1-485)

    If a person work visa was over stay but working illegally with there social security card that say (work only with dhs authorization) and the person get married to a us citizen and trying to file her papers will that cause a problem at the interview or even when filling out the paperworks?

  • #2
    It's up to the USCIS interviewer whether he will ignore your unauthorized employment, scold you, or declare you in violation of employment rules. Normally, the reviewers simply ignore your history of working as unauthorized when processing you for conversion to Permanent Resident status.

    --Ray B

    Originally posted by Dave Campbell View Post
    If a person work visa was over stay but working illegally with there social security card that say (work only with dhs authorization) and the person get married to a us citizen and trying to file her papers will that cause a problem at the interview or even when filling out the paperworks?

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    • #3
      Originally posted by Dave Campbell View Post
      If a person work visa was over stay but working illegally with there social security card that say (work only with dhs authorization) and the person get married to a us citizen and trying to file her papers will that cause a problem at the interview or even when filling out the paperworks?
      No. Overstay and unauthorized employment are irrelevant for AOS in the immediate relative category (spouse, under-21 unmarried child, or parent of US citizen). It cannot cause a problem. It's important to make sure the person never falsely claimed to be a US citizen, because that's a lifetime ban with no waiver.

      This is my personal opinion and is not to be construed as legal advice.

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