Unauthorized work during AOS?

[INF 96]

Hi guys,

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6
 

This states that US citizens’ immediate relatives are not barred from adjusting their status even if they are “unauthorized” to work! 
 

I am a Canadian spouse of a US citizen who is in the US currently thinking of adjustment of status. I am currently working from home during this whole covid fiasco. I would like to adjust my status and continue to work from home. I am currently on a 6 month tourist visa that Canadians are able to use. Is it possible that I will not be barred as I am an immediate relative of a USC and continue to work from my Canadian employer? Also as an FYI we are at the interview stage for our I-130 and now switching course due the new circumstances.
 

I was going to call a lawyer on Thursday but if someone can say with austerity, I can save some of my money!! 

 

thank you

Edited July 13, 2020 by INF

[igoyougoduke 1,656]

work in US without authorization is fraud. You do not have authorization to work in US just cause you are married to a US Citizen. It does not matter if your employer is outside US. 

 

Unauthorized work will not have consequences for AOS on marriage to US citizen. It will be forgiven in most cases. 

[INF 96]

2 minutes ago, James120383 said:

work in US without authorization is fraud. You do not have authorization to work in US just cause you are married to a US Citizen. It does not matter if your employer is outside US. 

 

Unauthorized work will not have consequences for AOS on marriage to US citizen. It will be forgiven in most cases. 

I am confused, so my AOS should be fine but I am committing fraud and can go to jail? 

[SalishSea 17,836]

19 minutes ago, INF said:

I am confused, so my AOS should be fine but I am committing fraud and can go to jail? 

In order to legally work in the United States, you need an EAD - Employment Authorization Document.  It is not as simple as being married to a USC; in fact, marriage to a USC alone does not confer any benefit. Without the EAD, you cannot legally work while in the US, regardless of whether it is online or where the funds originate from.

 

Yes, a GC (AOS) is authorization to work, but as AOS interviews are taking > one year on average, USCIS issues EADs so that AOS candidates can work.  The application for an EAD is free with a concurrent or pending AOS application.  

 

 

[INF 96]

48 minutes ago, Jorgedig said:

In order to legally work in the United States, you need an EAD - Employment Authorization Document.  It is not as simple as being married to a USC; in fact, marriage to a USC alone does not confer any benefit. Without the EAD, you cannot legally work while in the US, regardless of whether it is online or where the funds originate from.

 

Yes, a GC (AOS) is authorization to work, but as AOS interviews are taking > one year on average, USCIS issues EADs so that AOS candidates can work.  The application for an EAD is free with a concurrent or pending AOS application.  

 

 

I understand all this. What I’m asking is that in the time between me filing for AOS + EAD and me getting my EAD, can I work remotely? If I do chose to work remotely will that prevent me from getting my adjustment of status? 

[geowrian 22,337]

13 minutes ago, INF said:

I understand all this. What I’m asking is that in the time between me filing for AOS + EAD and me getting my EAD, can I work remotely? If I do chose to work remotely will that prevent me from getting my adjustment of status? 

Entirely remote work for a foreign employer is a grey area between tax law and immigration law. Specifics may matter, and there is not a clear line to say what crosses into "employment" (which is prohibited). The laws have not been updated to clarify where that line is.

Different people (including different attorneys) would likely give different answers even in the same case.

 

If you're asking that even if it is prohibited work, should you do it, then the answer is no. This forum does not condone or advise illegal activities.

[Crazy Cat 41,888]

8 hours ago, INF said:

Hi guys,

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6
 

This states that US citizens’ immediate relatives are not barred from adjusting their status even if they are “unauthorized” to work! 
 

I am a Canadian spouse of a US citizen who is in the US currently thinking of adjustment of status. I am currently working from home during this whole covid fiasco. I would like to adjust my status and continue to work from home. I am currently on a 6 month tourist visa that Canadians are able to use. Is it possible that I will not be barred as I am an immediate relative of a USC and continue to work from my Canadian employer? Also as an FYI we are at the interview stage for our I-130 and now switching course due the new circumstances.
 

I was going to call a lawyer on Thursday but if someone can say with austerity, I can save some of my money!! 

 

thank you

Working while located inside the US without proper authorization is illegal.  On what authorization are you currently working in the US?  Here is a good article. which you might find helpful:

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

Edited July 13, 2020 by Lucky Cat

[igoyougoduke 1,656]

8 hours ago, INF said:

I am confused, so my AOS should be fine but I am committing fraud and can go to jail? 

they are not going to send you to jail but the moment you step on US soil, you are bound by the laws of united. states. Its the same thing in every country on globe. If you dont have EAD, you cant work. It does not matter if your employer is Antarctica or Ireland. 

 

 

[LegalAlienn 125]

Wow, this is actually crazy, I did not know this. I thought you just can’t get employed in the US and get paid there and if you can work remotely for a company in a country that you are authorized to work you’re good to go. 
What happens, for instance, if you run a company in another country? 

[Allaboutwaiting 2,503]

SOME activities are allowed IF the principal place of business and the actual place of accrual of profits is a foreign country. 

 

Source: https://fam.state.gov/fam/09FAM/09FAM040202.html 

[Ayrton 965]

8 minutes ago, Allaboutwaiting said:

SOME activities are allowed IF the principal place of business and the actual place of accrual of profits is a foreign country. 

 

Source: https://fam.state.gov/fam/09FAM/09FAM040202.html 

I looked the link you posted and didn't see anything that applies to OP. The link is talking about B1/B2 visas.

[geowrian 22,337]

27 minutes ago, LegalAlienn said:

Wow, this is actually crazy, I did not know this. I thought you just can’t get employed in the US and get paid there and if you can work remotely for a company in a country that you are authorized to work you’re good to go. 
What happens, for instance, if you run a company in another country? 

Again, specifics will matter.

For instance, if you were asking about a visitor coming to the US who also owns a business, many activities are permissible as business activities for a B-1 visa (B-1 is for business, B-2 is for tourism...most of the time people are issued a B-1/B-2 visa that can cover either). Their activities are incidental to actual work, and the primary place of business remains abroad.

 

As for engaging in that conduct with just a pending I-485 (which confers no legal status, only an authorized stay), it would depend on if it crossed the line into employment.

For instance, if the primary place of business also shifted to the US as a result of moving to the US, then it likely would not be permissible. For example, a YouTube or Twitch streamer. When they change their residence, their business moves (even if not formally registered as such). Their employer (themselves) moved to the US, so it's a US-based employer involved. This would likely cross the line into employment. Or if they were an Amazon marketplace-based reseller and they shifted operations to the US, this likely would cross the line as well.

If it was something more like taking meetings/calls/emails, handling issues with the business abroad, etc., then it would fall into the gray area with remote work for a foreign employer.

[JFH 12,190]

1 hour ago, LegalAlienn said:

What happens, for instance, if you run a company in another country? 

Then the K-1 is a poor choice. As is AOSing in country. In fact, for many working people the K-1 is a poor choice. Unfortunately many people stop read the pros of the K-1 and don’t read the cons and make their decision without a full understanding of all the facts. Usually they stop reading at the point where they read that K-1 is currently faster than a CR-1.

[WaterLeaf 200]

I hate to bring in an off topic but what about the current status for getting GC/EAD? Are they stopped and can't get anything from it for now? What about the renewal, not working?

[payxibka 10,045]

2 minutes ago, WaterLeaf said:

I hate to bring in an off topic but what about the current status for getting GC/EAD? Are they stopped and can't get anything from it for now? What about the renewal, not working?

 Only thing stopped is SSA offices are closed