Applying for adj of status and worked w/o permission

[esisko 0]

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

[nemu 0]

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.

[esisko 0]

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

[khool 0]

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.

[esisko 0]

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!

[john_and_marlene 162]

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.

[esisko 0]

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