Criminal Defense Lawyers

Bronx Green Card Lawyers

You’ve been in the United States for years. You’ve built a life in the Bronx, worked hard, and now you’re ready to apply for your green card. But there’s something in your past that keeps you up at night – a period when you worked without proper authorization. Maybe it was before your work permit came through. Maybe you didn’t realize your visa conditions prohibited employment. Whatever happened, you’re terrified that USCIS will find out and deny your application.

Here’s what most people don’t know: unauthorized work is one of the most common reasons green card applications get denied, but it’s also one of the most misunderstood. There are exceptions that can save your case – exceptions that many applicants and even some lawyers don’t know about. Whether you qualify depends on your specific category, how long you worked without authorization, and your relationship to your petitioner.

This article explains how USCIS discovers unauthorized employment, what the actual consequences are for different green card categories, and the critical exceptions – like Section 245(k) and the immediate relative exception – that could mean the difference between approval and denial. If you’ve ever worked without proper authorization in the United States, this is information you need before filing your application.

Understanding were you stand before you apply is absolutly essential. Filing without knowing weather your past employment creates problems – and weather exceptions apply – can result in denial and potentially worse consequenses then if you’d never applied at all.

How USCIS Discovers Unauthorized Employment

Many applicants beleive that if they dont mention unauthorized work on there application, USCIS wont find out. This is a dangerous assumption. USCIS has multiple ways of discovering employment history, and lying about it makes everything worse.

Tax records are the most common source. If you worked and filed taxes – or if an employer reported your wages to the IRS – USCIS can access that information. Social Security records show employment history. Even if you used a fake Social Security number, investigators can trace it back to you through other identifying information in the system.

Employers report W-2 and 1099 information to federal databases. USCIS crossrefrences this data with your immigration file. If there records show you earned income during a period when you didnt have work authorization, theyll see the discrepancy immediatly.

Never assume USCIS dosnt have access to your employment history – they almost certainly do. Online activity and social media also create trails. LinkedIn profiles, professional networking, and even public posts about jobs can be used as evidence. USCIS officers have been known to search applicants online presence as part of there review.

What Unauthorized Employment Actually Does to Your Case

The consequenses of unauthorized work depend entirely on your green card category. This is were understanding the law becomes critical, because the same employment history that destroys one application might not affect another at all.

For most adjustment of status applications, unauthorized employment is a ground of ineligibility. If you entered the US on a visa that didnt allow work – like a tourist visa or student visa – and then worked without authorization, you’ve technicaly violated the terms of your admission. This makes you ineligible to adjust status through most pathways.

Heres were it gets complicated: the severity depends on how your applying. If your in a family preference catagory (not an immediate relative), unauthorized work can be a complete bar to adjustment. If your in an employment-based catagory, the 245(k) exception might save you. And if your an immediate relative of a US citizen, unauthorized employment generaly dosnt bar you at all – as long as you meet other requirements.

The timing also matters. Work you did after your last lawful admission counts differently then work before that admission. How USCIS counts the days and applies the rules can make or break your case.

Section 245(k) – The Exception Most People Dont Know About

If your applying for an employment-based green card, Section 245(k) of the Immigration and Nationality Act could save your case. This provision is criticaly important and almost completly unknown to applicants who dont have experienced legal representation.

Heres how it works: Section 245(k) allows certain employment-based applicants to adjust status even if they worked without authorization – as long as the unauthorized employment totaled less then 180 days since there last lawful admission to the United States. This applies specificaly to EB-1, EB-2, EB-3, and certain religious worker categorys.

The 180-day limit is cumulative. If you worked without authorization for 90 days at one point and 85 days at another, your total is 175 days – and you might still qualify. But if your total exceeds 180 days, the exception dosnt apply and unauthorized employment bars your adjustment.

Calculating these days accuratly requires careful documentation. You need to know exactly when your work authorization expired, exactly when you started and stopped working, and how those periods overlap. Getting this calculation wrong – by even a few days – could mean the difference between approval and denial.

The Immediate Relative Exception

If your the spouse, parent, or unmarried child under 21 of a US citizen, your in a special catagory called “immediate relative.” For immediate relatives, the rules around unauthorized employment are much more forgiving.

Immediate relatives who were inspected and admitted (or paroled) into the United States can generaly adjust status regardless of unauthorized employment. The law dosnt require you to have maintained lawful status or refrained from unauthorized work. As long as you enterd through a legal port of entry with inspection, your eligable to adjust.

This is an enormous exception that many people dont understand. A spouse of a US citizen who worked for years without authorization may still be able to get a green card through adjustment of status – something that would be impossible for someone in a family preference catagory with the same work history.

The catch: you must have been inspected and admitted. If you enterd the United States without inspection (crossed the border without going through customs), this exception dosnt apply. You’d likely need to leave the country and apply through consular processing, which triggers other bars and complications.

What Happens When USCIS Sends a Request for Evidence

Many green card applications dont get approved or denied immediatly. Instead, USCIS sends what’s called a Request for Evidence – an RFE – asking for more documentation or clarification on specific issues.

Getting an RFE is not the same as being denied. Its an oportunity to strenghten your case, but how you respond can determine the outcome. A well-crafted RFE response can overcome USCIS’s concerns. A poor response almost gaurantees denial.

When USCIS sends an RFE about unauthorized employment, there asking you to explain or document something specific. Maybe they found evidence of employment during a period when your visa didnt allow work. Maybe there asking you to prove that the 245(k) exception applies. Whatever the issue, you need to address it directly and completly.

RFE responses have strict deadlines – typicaly 30, 60, or 84 days depending on the complexity. Miss the deadline and your case gets decided on whats already in the file, which usualy means denial. USCIS dosnt extend these deadlines except in extraordinary circumstances.

How to Respond to an RFE Effectivly

The most common mistake in RFE responses is submiting incomplete information. USCIS generaly only issues one RFE per case. If your response dosnt fully address there concerns, they wont give you another chance – theyll just deny the application.

Include the original RFE notice as the first page of your response. USCIS uses this to route your package back to the right officer. Without it, your response might get lost in the system or delayed for weeks while staff figures out which case it belongs to.

Address every single point raised in the RFE. If there asking for multiple documents or explanations, provide all of them together. Submiting a partial response is treated as a request for a decision on the current record – and that record probably isnt complete enough for approval.

Use trackable shipping like USPS Priority Mail, FedEx, or UPS. You want proof that your response arrived before the deadline. The “mailbox rule” dosnt apply to RFEs – what matters is when USCIS recieves your package, not when you sent it.

How Processing Times Affect Your Strategy

Green card processing times vary dramaticly based on your catagory, your local USCIS office’s workload, and factors outside your control. Understanding realistic timelines helps you plan and avoid making mistakes during the waiting period.

Family-based applications for immediate relatives of US citizens generaly take 8 to 15 months from filing to approval. Other family preference categorys can wait years or even decades depending on the backlog. Employment-based green cards require labor certification, petition approval, and then adjustment – a process that often takes 2 to 5 years total.

During this waiting period, maintaining your status becomes crucial. If your on a work visa that expires before your green card is approved, you need to either extend that visa or rely on the pending application (with an EAD) for work authorization. Planning these transitions poorly can create gaps that affect your case.

The New York field offices that serve Bronx residents handle some of the highest volumes in the country. This can mean longer waits then national averages. Tracking your case online helps you understand were you are in the process and weather to expect delays.

Common Green Card Denial Reasons Beyond Unauthorized Work

While unauthorized employment is a major issue, its not the only thing that can sink your green card application. Understanding all the potential problems helps you prepare a stronger case from the start.

Public charge is a significant ground of inadmisability. USCIS will evaluate weather your likely to become dependant on government benefits. They look at your age, health, education, employment history, income, and the financial resources of your sponsor. If they beleive your likely to need public assistance, your application can be denied.

Criminal history creates problems depending on the nature of the offense. Crimes of “moral turpitude” – which include fraud, theft, and many violent crimes – can make you inadmissable. Drug offenses, even minor ones, are particularly problematic for immigration purposes. Even arrests that didnt result in conviction can raise red flags.

Fraud and misrepresentation are perhaps the most serious issues. If USCIS beleives you lied on your application or misrepresented facts to obtain an immigration benefit, the consequenses go beyond denial. You can be permanantly barred from future benefits and potentially face removal proceedings.

The Green Card Interview – What to Expect

Most adjustment of status applications require an interview at your local USCIS field office. For Bronx residents, this typicaly means traveling to the USCIS office in Manhattan or another nearby location.

The interview serves multiple purposes. The officer will verify your identity, review your application for accuracy, and assess weather you meet the eligability requirements. For marriage-based applications, theyll also evaluate weather your relationship is genuine.

Bring all documents listed in your interview notice, plus originals and copies of everything you submited with your application. Officers may ask to see original birth certificates, marriage certificates, passports, and financial documents even if you already submited copies.

If unauthorized employment is an issue in your case, expect questions about it. The officer may ask directly: “Did you ever work without authorization?” Be honest. Lying at the interview is fraud and will destroy your case – and possibly your future immigration options – far more certanly then the unauthorized work itself.

What If Your Application Gets Denied

A denial isnt necesarily the end. Depending on why your application was denied and your current immigration status, you may have options to continue pursuing your green card.

You can file an appeal to the Administrative Appeals Office (AAO). This is appropriate if you beleive USCIS made a legal error or misapplied the facts. Appeals take time – often a year or more – and the denial stands while the appeal is pending.

Motion to reopen or reconsider is another option. A motion to reopen asks USCIS to look at new evidence that wasnt available before. A motion to reconsider asks them to review there decision based on a legal or factual error. These must be filed within 30 days of the denial in most cases.

Sometimes the best option is to file a new application. If your denial was based on something that can be corrected – missing documents, a procedural error, changed circumstances – starting over with a new application might be faster then appealing. An immigration attorney can help you evaluate which path makes sence for your situation.

Why Immigration Status Matters While Your Case Is Pending

The time between filing your green card application and recieving a decision can stretch for months or even years. What you do during this period matters – potentialy alot.

If your application is based on a valid petition and you filed Form I-485 properly, you can apply for an Employment Authorization Document (EAD) that allows you to work legaly while your case is pending. This protects you from adding more unauthorized employment to your record.

You can also apply for Advance Parole, which allows you to travel outside the US and return without abandoning your pending application. But be carefull – if you leave without Advance Parole, you may have abandoned your application entireley.

Maintaining lawful status or authorized presence is critical. Even small violations during the pending period can create new problems that affect your eligability. Dont assume that filing an application protects you from all immigration consequenses.

Choosing the Right Immigration Lawyer

Not all immigration lawyers have the same experiance with complex green card cases. When unauthorized employment is a factor, you need someone who understands the exceptions and knows how to present your case effectivly.

Ask potential attorneys about there experiance with 245(k) cases specificaly. Ask how many RFEs theyve responded to and what there success rate is. A lawyer who primarily handles straightforward cases may not be equiped to navigate the complications that unauthorized work creates.

Community organizations in the Bronx can be resources too. Catholic Charities, legal aid societies, and immigrant advocacy groups often provide low-cost or free immigration assistance. Make sure any help you recieve comes from accredited representatives or licensed attorneys – immigration consultants without proper credentials can make your situation significently worse by giving incorrect advice or filing improper paperwork.

The Cost of Doing Nothing

Some people who know they have unauthorized work in there past simply dont apply for a green card because there afraid of what might happen. This is understandable but often not the best strategy.

Your immigration situation dosnt improve by ignoring it. If your currently in status, that status will eventualy expire. If your already out of status, every day that passes adds to your period of unlawful presence – which creates its own bars and complications.

Many people who assumed there situation was hopeless have actualy been eligable for green cards through exceptions they didnt know about. The immediate relative exception, Section 245(k), and other provisions exist precisely because Congress recognized that blanket bars would be too harsh in many circumstances.

Consulting with a qualified immigration attorney dosnt commit you to filing anything. It gives you information about what your options actualy are, so you can make an informed decision about weather and how to proceed with your case.

Moving Forward

Getting a green card with unauthorized employment in your history is harder then getting one without that complication – but its not impossible. Thousands of people in situations like yours have succesfully obtained permanent residence by understanding the rules, qualifying for exceptions, and presenting there cases effectivly.

The key is knowing were you stand before you file. If the 245(k) exception applies to you, your application looks very different then if it dosnt. If your an immediate relative, your pathway might be clear despite employment history that would bar someone else. If neither exception applies, you need to understand what alternatives exist.

Dont let fear of your past prevent you from building your future. Find out what the law actualy says about your situation. Get accurate information from someone qualified to analyze your specific circumstances. Then make a decision based on reality rather then assumptions about what might happen.

The path to permanent residence exists for many people who assume there disqualified. Section 245(k), the immediate relative exception, and other important provisions in the law exist because the immigration system recognizes that peoples circumstances are complicated. You owe it to yourself to find out weather those provisions apply to your case before giving up on the posibility of a green card altogether.