Exception for Immediate Relatives for Overstaying Visa and/or Working Without Authorization

[CanadianSouth 0]

Hi everyone! I'm new to this site although I have benefitted numerous times from the collective knowledge base that is visajourney.com!

I'm a Canadian citizen and I am newly married and living in Daphne, Alabama.

I have been researching about work authorization and have heard multiple times from a variety of sources that those who are married to a USC (or who have USC immediate relatives), and are in the process of applying for permanent residency, cannot be denied their I-485 application to adjust status based solely upon unauthorized work and/or overstaying an expired status. I am in the processing of adjusting status and am waiting on an EAD to come in the mail, but I was wondering if anyone has heard of this exception, and if they have, could they reference the actual location in the INA or other relevant location in immigration law.

Thank you all for your help!

[Transborderwife 4,666]

How long have you been working unauthorized? Have you been filing taxes? Make sure that you do.

[TBoneTX 45,023]

From what visa are you adjusting?

[CanadianSouth 0]

From what visa are you adjusting?

I am adjusting from an F-1 Visa which expired when my advisor terminated my SEVIS record (indicating that the F-1 visa would also expire since it is listed as D/S on the I-94).

How long have you been working unauthorized? Have you been filing taxes? Make sure that you do.

I have had a job for 7-8 weeks, and I plan on filing taxes for sure.

My wife is pregnant and I can't really just sit back and let her try to get on welfare and all that mess. I'd rather work and contribute to our own well-being and the economy.

[newacct 688]

Hi everyone! I'm new to this site although I have benefitted numerous times from the collective knowledge base that is visajourney.com!

I'm a Canadian citizen and I am newly married and living in Daphne, Alabama.

I have been researching about work authorization and have heard multiple times from a variety of sources that those who are married to a USC (or who have USC immediate relatives), and are in the process of applying for permanent residency, cannot be denied their I-485 application to adjust status based solely upon unauthorized work and/or overstaying an expired status. I am in the processing of adjusting status and am waiting on an EAD to come in the mail, but I was wondering if anyone has heard of this exception, and if they have, could they reference the actual location in the INA or other relevant location in immigration law.

Thank you all for your help!

You are talking about the fact that the INA 245( c)(2) bar does not apply to Immediate Relatives

( c) Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to

(2) subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;

Edited October 26, 2015 by newacct

[CanadianSouth 0]

You are talking about the fact that the INA 245( c)(2) bar does not apply to Immediate Relatives

( c) Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to

(2) subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;

Thank you so much!!!

I remember reading that when I was going through the INA and getting scared about being deported since my F-1 status expired, but I had totally missed the part where it refers to unauthorized employment as well as legal status.

Does this law except employers as well? Or will they be penalized?

[CanadianSouth 0]

Does anyone know if this exception relieves any penalty or action against an employer who hires an individual who meets the exception mentioned above (being the immediate relative of a USC)? Would filing an I-9 instigate action against the employer if the employee is not authorized to work?

Please advise.

[Umka36 781]

Does anyone know if this exception relieves any penalty or action against an employer who hires an individual who meets the exception mentioned above (being the immediate relative of a USC)? Would filing an I-9 instigate action against the employer if the employee is not authorized to work?

Please advise.

Just because you fall in the exemption category for immigration benefit, does not excuse your employer. They have a due diligence to confirm you have work authorization.

http://www.legalmatch.com/law-library/article/penalties-for-employers-hiring-illegal-immigrants.html

http://www.nolo.com/legal-encyclopedia/legal-pitfalls-hiring-undocumented-immigrants.html

http://www.fairus.org/issue/the-law-against-hiring-or-harboring-illegal-aliens

[Boiler 45,314]

From a practical point of view it is not the illegal that ICE go after it is the Employer.