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Applying for adj of status and worked w/o permission

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Filed: Country: France
Timeline

Hi. My husband and I are just beginning this whole process. I am a US citizen, and he came here from France on a student visa back in 2000. His visa does not expire until 2008. Everything seems to be in order so far except he was working at one point without permission of the USCIS. I was wondering how this will affect his application for permanent residency, and what options do we have available to us?

Thanks in advance-

Elizabeth

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Working without permission would've been violation of his student status.

Typical recommendation in this case would be consultation with immigration attorney. S/He will likely tell you that working without permission is not a biggy for immigration, provided his life is otherwise clean. S/He should also advise you not travel while AOS is not completed.

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Filed: Country: France
Timeline
Working without permission would've been violation of his student status.

Typical recommendation in this case would be consultation with immigration attorney. S/He will likely tell you that working without permission is not a biggy for immigration, provided his life is otherwise clean. S/He should also advise you not travel while AOS is not completed.

Thanks for the quick response.

So, should he even bother to apply for the travel document until his AOS is completed? It seems like a waste since he probably shouldn't travel anyway. We can't really afford an attorney right now, but does he need an attorney to help him get approved? He's totally clean otherwise, this is his only indiscretion.

Thanks again,

Elizabeth

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Filed: Timeline

Working without permission would've been violation of his student status.

Typical recommendation in this case would be consultation with immigration attorney. S/He will likely tell you that working without permission is not a biggy for immigration, provided his life is otherwise clean. S/He should also advise you not travel while AOS is not completed.

Thanks for the quick response.

So, should he even bother to apply for the travel document until his AOS is completed? It seems like a waste since he probably shouldn't travel anyway. We can't really afford an attorney right now, but does he need an attorney to help him get approved? He's totally clean otherwise, this is his only indiscretion.

Thanks again,

Elizabeth

You won't need a travel document once you have your Green Card.


9/4/06 - AOS package accepted at Chicago

9/11/06 - ND AOS package

9/14/06 - NOA AOS, AP and EAD

9/16/06 - Biometrics letter received

9/18/06 - All touched

9/19/06 - AP and EAD touched

9/20/06 - RFE notice by email (verify income and employment)

9/23/06 - Biometrics

9/25/06 - NOA I-130 (finally)

9/26/06 - Touched AOS and EAD

10/4/06 - Returned RFE materials by USPS Express mail

10/5/06 - RFE materials signed for by D Atwell

10/12/06 - E-Mail notification RFE material received 10/10/06

11/3/06 - Received interview notice (for 12/18/06)

12/18/06 - Approved with letter in hand (no stamp)

1/3/07 - GC in hand Remove conditions 9/18/08

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Filed: Country: France
Timeline

Working without permission would've been violation of his student status.

Typical recommendation in this case would be consultation with immigration attorney. S/He will likely tell you that working without permission is not a biggy for immigration, provided his life is otherwise clean. S/He should also advise you not travel while AOS is not completed.

Thanks for the quick response.

So, should he even bother to apply for the travel document until his AOS is completed? It seems like a waste since he probably shouldn't travel anyway. We can't really afford an attorney right now, but does he need an attorney to help him get approved? He's totally clean otherwise, this is his only indiscretion.

Thanks again,

Elizabeth

You won't need a travel document once you have your Green Card.

Thanks for letting me know about the travel document!

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Be truthful about his working. It will be forgiven at the AOS. Do not travel outside the U.S. until after you have the permanent residence as the unauthorized work will not be forgiven at the POE prior to a successful AOS. The bar for unauthorized work is 5 years if you try to reenter the U.S. before completing AOS. Even with AP you cannot reenter the US if the CBP determines you worked without authorization.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Country: France
Timeline

Thank you so much for that information! I feel better now about filing the AOS, and I'm glad to know how risky it would be for him to travel. I figured if they approved the AP he would be okay to reenter, so I'm glad to know that's not the case, and you prevented anything terrible from happening.

Thanks again. I'm so glad I came here!

Elizabeth

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