AOS for dependent of work based Green Card Holder who worked illegally:

[nelsonwcf]

Hi,

Two months ago, I received my permanent residence authorization and got my Green Card. At the time of the application, my wife was not in US and for this reason she couldn't apply together with me. Now that she is back, we are applying for her I-485 as my dependent based on work authorization (the officer in the USCIS told me she has one year to apply as my dependent on working permanent residency, or something like).

While she never entered the country illegally and maintained a valid status 100% of the time she was here (as F-2 and then as H-4), she worked illegally during the first years. Now we found a question in the I-485 asking if the applicant (her) ever worked illegally in US.

The advice in many forums is not to lie so, in the case we say yes, will she still be able to get her permanent residency in US? I couldn't find an answer anywhere regarding this specific situation so any advice is welcome.

Thanks in advance.

[newacct]

She needs to check Yes on I-485 Part 8 #16 (worked without authorization) and #17 (violated the terms of her status, since working without authorization violates the terms of her status). It will not affect her eligibility for Adjustment of Status, as she is in an employment-based category, and thus under INA 245(k), she is not barred from AOS for being out of status or working illegally if she hasn't been out of status or working illegally for more than 180 days since her most recent admission.