Adjustment of status

UPDATED: Sep 30, 2022

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Adjustment of status

My fiance has been working for the pas one month without work authorization the
employer know he is not suppose to work but yet hired him and pay him wit a check
will this be a problem when we apply for adjustment of status in a few weeks?
what can we do to avoid problems?

Asked on December 6, 2016 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It really depends on what basis he will be filing for adjustment of status.  If you are a US citizen and you are getting married and then filing a petition on his behalf, then it will be forgiven as this is the case for immediate relative petitions.  For other types of petitions, it may not be so clearcut.  Perhaps you can elaborate on what exactly you are planning to file, when and on what basis.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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