Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Green Card Approved for Person Employed without Authorization

Published: Mar 1, 2010 7:00 am

Our client is a citizen of Belarus. She entered the United States with an exchange visitor J-1 visa. Thereafter, she applied for change of status to a B-2 visitor for pleasure, which was granted. She then applied for an extension of her B-2 status. While the application was pending, she married a United States citizen. She was employed without authorization the entire time that she was in B-2 status. At this point, we were then retained.

The first thing we did was investigate her situation, and we determined that her J-1 exchange visitor program did not require her to return to Belarus for a period of two years before lawful permanent resident status could be approved. Because she was inspected and admitted into the United States, we were able to file for her and her husband in a one-step process. Because her marriage to a United States citizen made her an immediate relative, her unauthorized employment did not prevent her from applying for a “green card” from within the United States.

We prepared and filed her husband’s Petition for Alien Relative, her Application for Permanent Resident Status, and an Application for Employment Authorization, with sufficient supporting documentation showing that the marriage was bona fide and that she should be afforded permanent resident status in the exercise of discretion.

We then prepared our client and her husband for their interview under oath at USCIS and instructed them concerning additional documents to be presented at the time of the interview. Although the couple had just moved to the geographical jurisdiction of another USCIS Field Office, we successfully persuaded the Examiner to keep jurisdiction. The application was approved and the client is now a permanent resident of the United States.

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