Working without a permit can result in penalties, deportation, and barriers to future employment opportunities. Learn the legal risks of working without a permit and how to avoid them.
What to do if you work without a work permit?
Hi, I'm Jim Hacking, an immigration lawyer practicing law throughout the United States at our offices in St. Louis, San Diego, and Washington, D.C., and I'm coming to you live from my office. Well, not so live. It's actually recorded. But I just got done doing a Thursday afternoon Immigration Answers Show, and we had a lot of really good questions, so I thought I'd shoot a few videos out of those questions.
The first question was about working without a work permit.
Working in the United States without proper authorization can be a tricky and stressful situation. Many individuals wonder about the implications of unauthorized employment, especially when applying for a permanent resident card, employment-based immigrant visa, or other immigration benefits.
If you're navigating this situation, here’s what you need to know to handle it wisely and lawfully.
Key Takeaways:
• Unauthorized work is forgivable when applying for a green card through marriage to a U.S. citizen.
• False claims to citizenship are a big problem
• USCIS typically focuses on your application, not your employer's actions.
• Consult an attorney if you have concerns about your work history or past actions.
Think working without a permit isn’t a big deal? Discover the risks and how to protect your future!
Table of Contents
When you marry a U.S. citizen, sometimes it takes a long time for you to get your employment authorization document. Sometimes you've been in the United States for a while without immigration status, and you have worked without permission. This is, of course, a violation of your non-immigrant visa, whatever you entered on, whether it was an F1, a B1, or a B2.
People get concerned and wonder how should we answer this both in completing the I-485 and at the interview. I think some people are inclined to lie about that, and, of course, lying to immigration is always a bad idea.
That's not something that you want to do. You want to always be able to tell the truth. In this instance, if you're marrying a U.S. citizen, then you should be fine. It would be forgiven. The working without permission would be forgiven if your marriage is valid, the I-130 is approved, and the 45 is approved, then your work without permission would be forgiven. There's no reason not to disclose it.
Yes, it’s likely U.S. Citizenship and Immigration Services will know, especially if you disclose it on your Form I-485 (Application to Adjust Status). While this might seem intimidating, honesty is crucial. Failing to disclose unauthorized work can have far worse consequences than admitting it upfront.
One other way that this comes up is people are worried, “Well, I did work without a work visa. I was working for my uncle or my dad's business, or some family friend, or just someone who was nice to me and gave me a job," and they wonder is USCIS going to go investigate that employer for working. Now, this is something that a lot of clients express concern about. But in my experience, we haven't heard much about it. The fact is that very few businesses are investigated these days for hiring undocumented individuals. It does happen, but it's usually when the employer is sort of involved in it on a major scale.
I've never sort of seen any indication in an interview that the officer who's deciding whether or not this person gets a green card and who is ultimately going to be forgiving the unauthorized work is then to go and take that extra initiative to investigate the employer. That's sort of something that you probably don't need to be worried about, either. You always want to tell the truth when you're in immigration. You want to disclose your unauthorized work.
Now, the one thing that I spend a lot of time talking to people with employment in their background is, well, how did you get that job? What did you represent yourself as? Because if you represent yourself as a U.S. citizen, that can be a real problem. Of course, that's a deportable offense, making a false claim to citizenship.
And while USCIS might not be out busting employers left and right for working without permission, they do go for people, especially those who've been in the United States for a long time and have been working, they do go back and look at their I-9s to see if they checked a box claiming that they were a U.S. citizen. That's the one piece that we always sort of lead off with when there's been an undocumented or an overstayed person in the United States for a long time.
Well, if you've been working, how did you work? Did you show them a fake green card? Did you give them fake employment authorization documents or a social security number? Or worst of all, did you make a false claim to citizenship such that they thought that you were eligible to work? These are all the things that come up when there's been a person working without permission.
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1. Be Transparent: When completing immigration forms (like the I-485), disclose any unauthorized work. Honesty builds trust and credibility with immigration officials.
2. Understand Forgiveness Rules: If you’re applying for a green card as the spouse of a U.S. citizen, know that your unauthorized work can be forgiven under immigration law.
3. Seek Legal Guidance: An immigration lawyer can help address your concerns, evaluate risks, and guide you through the process to ensure your application is successful.
Navigating immigration law can be complex, especially when dealing with unauthorized work. However, with the right guidance and a commitment to transparency, you can move forward with confidence. If you're in doubt about applying for work visas, don't hesitate to reach out to an immigration attorney.
Contact Hacking Immigration Law for expert guidance. Call 314-961-8200, email [email protected], or join our Immigrant Home Facebook group for updates and support. Don’t forget to subscribe to our YouTube channel for live Q&A sessions and informative videos.
Avoid fines, deportation, and lost opportunities—learn why work permits are essential today!
