Brooklyn, NY asked in Immigration Law for New York

Q: should I state that was working illegally when applying for my green? will it affect my approval if I don't?

I am currently married to a US citizen and I am now looking to file my AOS. I entered the country legally as J1 worker, however I stayed after my visa expired and have been working with a company for over 2 years where I get paid using my SSN. Should I declare that I was working illegally when filing? will it affect my chances of getting approved?

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1 Lawyer Answer
Roger Carl Algase
Roger Carl Algase
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: As long as someone applying for a green card based on marriage to a US citizen entered the US with a legal visa, overstaying the visa or working illegally after the visa expired is not normally grounds for denying a green card, unless there are other issues involved. However, making false statements or concealing information about one's employment or immigration history, such as having worked illegally, could be grounds for denying a green card based on fraud or misrepresentation.

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