Navigating the complex immigration system in the U.S. can be quite daunting and nerve-wracking. This is why it is so important to pair with an experienced immigration lawyer who can answer any potential questions you may have and put you at ease during your green card application process.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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What Is Unauthorized Employment?
Unauthorized employment refers to any service or labor performed for a U.S. employer by a noncitizen who is not authorized to accept employment by the INA or USCIS. It also refers to any noncitizen who has exceeded the scope/period of their employment authorization.
A green card applicant is barred from adjusting their status if they are involved in unauthorized employment prior to or after filing this application, as well as if they have ever previously been involved in unauthorized employment.
Exceptions to This Rule
There are certain categories of people who are exempt from this bar to adjustment of status based on unauthorized employment.
– Immediate relatives of U.S. citizens
If you are an immediate relative of a U.S. citizen, you may work in the U.S. while waiting for a green card, and are exempt from being barred based on unauthorized employment.
This includes: 1) the spouse of a U.S. citizen, 2) a child who is unmarried and under the age of 21 of a U.S. citizen, and 3) the parent of a U.S. citizen.
– VAWA Self-Petitioners and Beneficiaries
These are otherwise known as Violence Against Women Act (VAWA)-based applicants.
If you are a non-citizen who has been abused by your U.S. citizen or lawful permanent resident relative, you have the ability to independently petition for a green card under VAWA, and you may be eligible for employment authorization under this petition as well.
– G-4 International Organization Employees, NATO-6 Employees, and Their Family Members
As seen in INA 101(a)(27)(I), this refers to a person who “is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such vocation”, as well as their immediate family.
– Some Immigrant Juveniles
This refers to anyone who is considered a bona fide student or scholar, trainee, teacher, professor or TA, specialist, or leader in a field of specialized skill/knowledge, as well as their immediate family, as described in INA 101(a)(27)(J).
– Afghanistan and Iraq Nationals
Afghanistan and Iraq nationals who worked in the U.S. armed forces as translators, or who did other type of work on behalf of the U.S. government, are also exempt from this bar.
– Employment-Based Exemption under INA 245(k)
INA 245(k) provides certain employment-based adjustment of status applicants with an exemption from this bar. This includes applicants who have committed status, employment or nonimmigrant visa violations not exceeding 180 days.
Planning Your Roadmap to Success
With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with New York immigration lawyers like the team at McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
