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Navigating Unauthorized Employment When Applying for Adjustment of Status

23 Dec, 2023

When applying for Adjustment of Status as a spouse of a US citizen, navigating past unauthorized employment can be a critical factor in the success of your application. Understanding the implications of unauthorized employment and how it may impact your immigration process is crucial. Here’s what you need to know:

Unauthorized Employment and Adjustment of Status

If you’re married to a US citizen and are in the process of applying for a Green Card through Adjustment of Status, unauthorized employment itself may not necessarily pose a direct issue. However, certain circumstances surrounding unauthorized employment, such as falsely claiming to be a US citizen to your employer, can have severe consequences.

False Claims to US Citizenship

If during your unauthorized employment, you misrepresented your immigration status by claiming to be a US citizen on employment forms such as Form I-9, the repercussions can be significant. The act of falsely claiming US citizenship can lead to serious charges, including false claim to US citizenship, which, in most cases, offers little to no exceptions. If discovered by the US Citizenship and Immigration Services (USCIS), it can result in your removal or deportation from the United States.

Evaluating Past Unauthorized Employment

It’s essential to assess the circumstances of your unauthorized employment. Specifically, determine whether any instances involved false claims to US citizenship. If so, it could have enduring and detrimental effects on your immigration process.

Use of Fake Documents and IDs

Using counterfeit documents or fake IDs in the context of unauthorized employment can also have legal implications. While in some states it is considered a criminal offense, in others, the severity of the consequences may vary. The interpretation of such actions often depends on the laws of the state and the discretion of USCIS officers handling your case.

The Importance of Seeking Legal Guidance

Given the complexity and potential gravity of issues surrounding unauthorized employment, seeking legal counsel is paramount. An experienced immigration attorney can provide personalized guidance based on the specifics of your case and can help navigate the intricacies of past unauthorized employment in relation to your Adjustment of Status application.

If you find yourself in a similar situation, it’s crucial to gather as much information as possible and seek professional legal advice to understand the potential impact on your immigration process.

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