What are the consequences of working without a permit while applying for AOS?

[lucylove 0]

Hi. I dont understand why your lawyer did not make you apply for the EAD (employment authorization document) and I assume he did not advice you to apply for an AP (Advance Parole) either wich its the permission to travel abroad and return. Thats why we did not want to use a lawyer as we heard stories that they make big mistakes. This website was a big help for us.

Many people don't know that at the moment of applying for the AOS (2 year green card) they can also apply for the EAD and AP at the same time, that means that you can file the 3 forms together and they dont charge you for the EAD and AP. That way you can get your work permit while they process your green card application (AOS).

The AOS process does NOT take the same time that the EAD and AP, otherwise it would be silly to wait for your EAD if the GC process was so fast. People usually get their EAD and AP within 2-3 months of filing their papers for AOS, while AOS process can take between 6 - 9 months and there still people that had to wait even 1 year.

If you did not apply for the work permit and AP (permit for travelling) then you won't be able to work until you receive the GC and God knows when that will happen. I know people that filed for AOS in December 2011 and Jan 2012 and they still waiting for their GC or interview notice. In my case I already got my EAD and AP just a few days ago but still NO news from GC interview or anything

If I was you, I would not work till you get the green card. Otherwise if they know that you are working without their approval that can give you a headache later. I did not work at all as I did not want to have any problem with USCIS, now I started looking for a job at least temporary as I will be travelling at the end of the year hopefully with my GC or I will use my EAD/AP permit if needed

Yeah she told me it was pointless for me to apply for work/travel permit, that is was going to take about the same amount of time in my situation. I was skeptical when she mention in to me, but knowing no better I had no choice but to do what she thought was best. If I would have found this website sooner, maybe I wouldn't of had wasted all that money. But just in case anything, I'm going to go with the more logical choice which is to just wait until I have my permit. I can use this time to volunteer, and go back to school. I just hope that my process goes smooth. Thank you so much for your response & your experience.

[lucylove 0]

The whole AOS process takes like 10 month right now.The EAD takes 3 months. If you didnt file for EAD i suggest you do it otherwise you wont be able to work until you get your green card. My green card "should" get to me around Febuary next year but my EAD will get to me next month allowing me to work whilst I wait for my greencard. I wonder why your lawyer didnt get you to file for your EAD.

Yeah I'm just going to wait, wouldn't want to risk anything. Thank you so much for sharing your experience.

[didopage 337]

Yeah she told me it was pointless for me to apply for work/travel permit, that is was going to take about the same amount of time in my situation. I was skeptical when she mention in to me, but knowing no better I had no choice but to do what she thought was best. If I would have found this website sooner, maybe I wouldn't of had wasted all that money. But just in case anything, I'm going to go with the more logical choice which is to just wait until I have my permit. I can use this time to volunteer, and go back to school. I just hope that my process goes smooth. Thank you so much for your response & your experience.

She should have mentioned to you that it was FREE to file for EAD/AP with AOS, instead of saying it was "pointless". And if it's free, why not doing it!

I got my EAD/AP a week before AOS interview, so in my case filing for EAD/AP was a little pointless, but I don't regret it as I think I got lucky that my process was fast. It was free and I had no idea how long the process would take. It can be a few months as it can be a year, no one knows.

I hope for you that your process will be smooth and fast...

[lucylove 0]

She should have mentioned to you that it was FREE to file for EAD/AP with AOS, instead of saying it was "pointless". And if it's free, why not doing it!

I got my EAD/AP a week before AOS interview, so in my case filing for EAD/AP was a little pointless, but I don't regret it as I think I got lucky that my process was fast. It was free and I had no idea how long the process would take. It can be a few months as it can be a year, no one knows.

I hope for you that your process will be smooth and fast...

I totally agree with you. And I did not know it was for free, since she charged me an arm and a leg for everything. If I would have known that, I would have wanted to file for it. I'm glad your case was pretty fast, and I hope mine is too. Even though I have heard of some cases taking a little longer than they should. Thank you for sharing.

[Jessecah 0]

Hey there! I'm amazed of how helpful this website is! I have a question, I would appreciate it if anyone can help.

I'm currently applying for AOS through my husband. I don't have an employment permit yet. I have been working since I was 18 years old now 22. I quit my job because I'm applying for AOS and my husband thought that would be the most ideal thing to do. How ever, I find myself wanting to go back to work. Does anyone know what USCIS does to people who are working without a permit when they're in the process of AOS? or even when they were not applying? Has anyone had this experience before? Thank you, and would appreciate any answers. Please no disrespect.

Did you marry a USC? Or was naturalized or GC holder? I was told that because (if you did) marry a USC that working without a permit was forgiven. I don't know why or if this this true but it is what I heard. I would check the dates of your local office to see how Lon your aos process will be and determine from there whether you need to file for an EAD

[Hypnos 6,576]

Although when AoSing (based on marriage to a USC) illegal work is forgiven, not declaring it / tax evasion is not.

[lucylove 0]

Did you marry a USC? Or was naturalized or GC holder? I was told that because (if you did) marry a USC that working without a permit was forgiven. I don't know why or if this this true but it is what I heard. I would check the dates of your local office to see how Lon your aos process will be and determine from there whether you need to file for an EAD

Yes I married a USA born Citizen. And I have also heard the same thing you have. I really hope that doesn't affect the process. Hopefully my process it's not too long. Thank you for all your help. My local office would probably be in Dallas, TX. Thank you once again for your good intentions to help me.

[lucylove 0]

Although when AoSing (based on marriage to a USC) illegal work is forgiven, not declaring it / tax evasion is not.

Good to know that. I have declared income taxes. However I remember not declaring for one year due to my low income, it was less than $6,000.

[Hypnos 6,576]

There's a difference though between not filing taxes because you were not required to, or not filing them when you were required to.

The first is fine, the second is not.

[Krikit 1,163]

Moving from Family-Based AOS to AOS From Student Visa.

[jolofman 0]

Hey there! I'm amazed of how helpful this website is! I have a question, I would appreciate it if anyone can help.

I'm currently applying for AOS through my husband. I don't have an employment permit yet. I have been working since I was 18 years old now 22. I quit my job because I'm applying for AOS and my husband thought that would be the most ideal thing to do. How ever, I find myself wanting to go back to work. Does anyone know what USCIS does to people who are working without a permit when they're in the process of AOS? or even when they were not applying? Has anyone had this experience before? Thank you, and would appreciate any answers. Please no disrespect.

My wife was in the same situation. We went to the interview yesterday on August 20th and got approved. The officer only asked if she was still working and she said yes that was it. We recieved the EAD on August 11.

As long as you are working and paying taxes you should be fine not lying about your immigration status like claiming to be a US citizen.

PS : I am a naturalized US citizen.

Good luck.

[lucylove 0]

My wife was in the same situation. We went to the interview yesterday on August 20th and got approved. The officer only asked if she was still working and she said yes that was it. We recieved the EAD on August 11.

As long as you are working and paying taxes you should be fine not lying about your immigration status like claiming to be a US citizen.

PS : I am a naturalized US citizen.

Good luck.

Great, good to know. I really want to go back to work.

Congratulations to you and your wife!

Thank you for sharing your experience.

[mccbsimon 5]

Hey there! I'm amazed of how helpful this website is! I have a question, I would appreciate it if anyone can help.

I'm currently applying for AOS through my husband. I don't have an employment permit yet. I have been working since I was 18 years old now 22. I quit my job because I'm applying for AOS and my husband thought that would be the most ideal thing to do. How ever, I find myself wanting to go back to work. Does anyone know what USCIS does to people who are working without a permit when they're in the process of AOS? or even when they were not applying? Has anyone had this experience before? Thank you, and would appreciate any answers. Please no disrespect.

its really simply actually... if you have been working in the US for ANY amount of time illegally, you my friend are going home. unless for some unforseen reason they let you stay here. but i really doubt it. as for some kind of fee...you definatly will be paying a "fee" alright. you more than likely will be charged with fraud etc. and gain a criminal record and be ban from the US. good luck, sorry to hear about your misfortune.

[easydoesit 6]

its really simply actually... if you have been working in the US for ANY amount of time illegally, you my friend are going home. unless for some unforseen reason they let you stay here. but i really doubt it. as for some kind of fee...you definatly will be paying a "fee" alright. you more than likely will be charged with fraud etc. and gain a criminal record and be ban from the US. good luck, sorry to hear about your misfortune.

The above statement isn't true. Illegal work is usually forgiven upon marriage to a USC. It happens all of the time. Many of my wife's friends have succesfully adjusted their status to permanent resident after working without authorization. It was forgiven because of their marriage to a USC.

[Ebunoluwa 6,136]

its really simply actually... if you have been working in the US for ANY amount of time illegally, you my friend are going home. unless for some unforseen reason they let you stay here. but i really doubt it. as for some kind of fee...you definatly will be paying a "fee" alright. you more than likely will be charged with fraud etc. and gain a criminal record and be ban from the US. good luck, sorry to hear about your misfortune.

Wrong information. Please research your answers before commenting and misleading others.