Work in the US without DHS Authorization

[The_Raymonds 1]

H everybody. 

I came to the US and married my US CITIZEN WIFE. I got my Social Security Card with a stamp "Work Only with DHS Authorization".

I applied for the AOS and already have biometrics appointment this Friday(25th).

My question is:  i found a job somewhere, they only asked for my Social Security card and didn't ask for proof from DHS, can this become a problem for me in the future with my AOS process ??? 

[Roel 7,193]

You CANNOT work without your work permit (EAD). Plain and simple. It's a price of arriving on K1 visa.

 

Having SSN alone doesn't mean a thing.

 

The employer can get in big troubles for hiring someone without legal work permit.

[Jojo92122 1,924]

If you get a job offer, you can ask to expedite your EAD.

When you get hired, you will need to fill out an I-9 stating why you are eligible to work.  If you mark you are eligible to work, then you might end up creating problems for yourself.

[TNJ17 1,329]

You’re not allowed to work until EAD. If you say you are, you are misinterpreting yourself and violating the terms of your visa and will definitely get you in trouble with USCIS. They will find out, and they will deny your aos and you’ll most likely get a deportation order. Not really worth it is it?

[Crazy Cat 42,035]

@Roel is 100% correct.

[Ben&Zian 4,398]

Yup. Get job offer in writing, request expedite for the EAD. Until it is in hand, no working. Plain and simple. That's why it says on the SS card you can't. 

[Ontarkie 14,378]

~~Moved to Working and Traveling. from AOS Family K1/K3 - OP is asking about working.~~

Edited May 21, 2018 by Ontarkie

[KeratNY 76]

10 hours ago, TNJ17 said:

You’re not allowed to work until EAD. If you say you are, you are misinterpreting yourself and violating the terms of your visa and will definitely get you in trouble with USCIS. They will find out, and they will deny your aos and you’ll most likely get a deportation order. Not really worth it is it?

None of this is correct. 

 

Yes, you need work authorization in order to work. At the same time, unauthorized employment is forgiven if you adjust status through immediate relative, as OP is doing. This is law by Congress. So it will not be denied on this reason alone and you certainly won't get a deportation order. This is adjusting status 101. 

 

By federal law all employers are SUPPOSED to ask for work authorization. Many do not, especially the smaller ones. If a company asks for your social security number, but does not give you an I-9 to fill out or run e-Verify with your social security number, they may not know or care about your work authorization. (To be crystal clear you cannot misrepresent anything on an I-9). In that case, you would be working without authorization, until your EAD card comes but it won't affect your status or application. 

 

Note: nothing here is meant to condone or encourage unauthorized employment, these are all simple facts.

 

Edited May 22, 2018 by KeratNY

[Cyberfx1024 7,980]

6 hours ago, KeratNY said:

None of this is correct. 

Yes, you need work authorization in order to work. At the same time, unauthorized employment is forgiven if you adjust status through immediate relative, as OP is doing. This is law by Congress. So it will not be denied on this reason alone and you certainly won't get a deportation order. This is adjusting status 101. 

By federal law all employers are SUPPOSED to ask for work authorization. Many do not, especially the smaller ones. If a company asks for your social security number, but does not give you an I-9 to fill out or run e-Verify with your social security number, they may not know or care about your work authorization. (To be crystal clear you cannot misrepresent anything on an I-9). In that case, you would be working without authorization, until your EAD card comes but it won't affect your status or application. 

Note: nothing here is meant to condone or encourage unauthorized employment, these are all simple facts.

 

But this is not correct sir. The OP is not asking about working previously while illegal which is what usually happens and what you are referring to in general. The OP is asking about working BEFORE he has his EAD which is required for him to be able to work legally. If he accepts that job and then hands over the social security card to the company and they do a basic amount of checking on him then they will see that he can not work. Then he could get in trouble later on down the line.

 

So it is safer just to wait for the EAD before he starts to work or at the very least file for an  expedite.

[The_Raymonds 1]

Thank you guys for all your answers.
I posted the same topic on avvo.com an Immigration Attorney Forum, they all said I can do it if I'm married to a US citizen, it will not be a problem for my AOS, the same answer with KeratNY.

I'm a little bit confused, sorry.

that's the link to my post on avvo.com      

 

https://www.avvo.com/legal-answers/adjustment-of-status-aos--based-on-marriage-to-us--3591504.html?utm_campaign=answer_notify&utm_content=question_legal&utm_medium=email&utm_source=notification

 

 

[Jojo92122 1,924]

It's illegal for you to work without authorization.  It's illegal for a US employer to hire you.  Illegal.

 

A person can still adjust status if he is the IR of a USC despite unauthorized work.  This mean you will not be penalize for AOS by working illegally.  

 

However, it doesn't mean that there are no consequences.  Make a false claim to US citizenship to work, and you are putting your future at risk.  

No one is going to tell you that it is safe for you to work illegally.  All people can say is that unauthorized work will not prevent you from AOS.

[Cyberfx1024 7,980]

1 hour ago, The_Raymonds said:

Thank you guys for all your answers.
I posted the same topic on avvo.com an Immigration Attorney Forum, they all said I can do it if I'm married to a US citizen, it will not be a problem for my AOS, the same answer with KeratNY.

I'm a little bit confused, sorry.

that's the link to my post on avvo.com      

https://www.avvo.com/legal-answers/adjustment-of-status-aos--based-on-marriage-to-us--3591504.html?utm_campaign=answer_notify&utm_content=question_legal&utm_medium=email&utm_source=notification

Not to be rude or anything but some of these guys are why lawyers have a bad name in general. Let me give you a quote from one of the lawyers that responded to you "Unauthorized employment is not a problem for immediate relatives. What is unclear how you got your SSn ahead of EAD."

 

 

[The_Raymonds 1]

4 minutes ago, Cyberfx1024 said:

Not to be rude or anything but some of these guys are why lawyers have a bad name in general. Let me give you a quote from one of the lawyers that responded to you "Unauthorized employment is not a problem for immediate relatives. What is unclear how you got your SSn ahead of EAD."

 

 

i got you here, thank you

[Cyberfx1024 7,980]

3 minutes ago, The_Raymonds said:

i got you here, thank you

Try to get an expedite in all reality but please don't do anything to mess up your status.

[Jojo92122 1,924]

18 minutes ago, Cyberfx1024 said:

Not to be rude or anything but some of these guys are why lawyers have a bad name in general. Let me give you a quote from one of the lawyers that responded to you "Unauthorized employment is not a problem for immediate relatives. What is unclear how you got your SSn ahead of EAD."

 

 

Yeah, great immigration lawyer.  Doesn't even know that PLENTY of people have gotten SSN ahead of the EAD.  Would not take advice from this idiot.