A green card applicant is now facing a serious legal challenge after knowingly working without authorisation while holding temporary visas. The case has sparked debate among immigration lawyers about how past visa violations affect Adjustment of Status applications.
Unauthorised Work Raises Legal Concerns
The applicant previously worked without authorisation while on both a B1/B2 and an F-1 visa. Now married to a US citizen, they are applying for Adjustment of Status (AOS). Their lawyer has advised filing Form I-601, also known as the Application for Waiver of Grounds of Inadmissibility.
What the I-601 Waiver Covers
Form I-601 is designed for applicants found inadmissible to the US for reasons such as health issues, fraud, criminal activity, or misrepresentation. It provides a possible legal route to continue the immigration process despite past violations, though it is complex and time-consuming.
Disagreement Among Legal Experts
Immigration lawyers are divided on whether this waiver is necessary. Many experts believe unauthorised work is usually forgiven when the applicant is married to a US citizen. Others argue that the lawyer may be addressing deeper issues involving possible misrepresentation.
Misrepresentation Concerns During Visa Change
Some lawyers suspect that the applicant might have misrepresented facts when changing status from B1/B2 to F-1. The F-1 student visa typically gets rejected if an applicant admits to previous unauthorised employment, which raises concerns about honesty during the process.
High Stakes for the Applicant
The case’s uncertainty has led many to suggest the applicant seek a second legal opinion. A single error or omission can have serious immigration consequences. The emotional and financial burden of this complex process adds even more pressure.
Immigration Challenges Continue
This case highlights how past visa violations can haunt applicants long after they occur. For many immigrants, complex regulations and old mistakes often create barriers that threaten their future in the United States.
