Adjustment of status

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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

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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