Can You Still Adjust Status If You Worked Without Authorization on an F-1 Visa?

For international students in the United States, maintaining F-1 status is a strict and often stressful responsibility. One of the most common violations occurs when a student works off-campus without permission, often out of financial necessity. If you are in this situation and are now planning to apply for a Green Card through marriage to a U.S. citizen, you are likely worried. Will that unauthorized job come back to haunt you? Can you still become a permanent resident?

The short answer is often yes. While unauthorized employment is a serious violation of your student visa, immigration law provides a special “forgiveness” clause for spouses of U.S. citizens. However, navigating this process requires absolute transparency and careful preparation.

Understanding the “Immediate Relative” Exception

Under standard immigration rules, working without authorization usually bars an individual from adjusting their status to a permanent resident. However, the law makes a significant exception for “immediate relatives” of U.S. citizens.

If you are marrying a U.S. citizen, you are considered an immediate relative. In this specific category, the United States Citizenship and Immigration Services (USCIS) essentially “forgives” certain status violations, including:

• Overstaying your visa.
• Working without authorization.
• Failing to maintain continuous lawful status.

This means that even if you worked as a barista, a nanny, or a freelancer without permission while on your F-1 visa, you can likely still adjust your status without having to leave the country, provided you enter the process honestly.

The Critical Importance of Honesty

The most dangerous pitfall in this process is not the unauthorized work itself, but lying about it.

When you file Form I-485 (Application to Register Permanent Residence), there are specific questions asking if you have ever worked in the U.S. without authorization.

• If you answer “Yes”: You are admitting to the violation. Because you are an immediate relative, this violation is typically waived.
• If you answer “No” (when you did work): You are committing visa fraud or “material misrepresentation.”

Unlike unauthorized work, fraud is not automatically forgiven. Lying to an immigration officer can lead to a permanent bar from the United States. It is far safer to admit the mistake and accept the forgiveness than to try to hide it.

Proving Your Marriage is “Bona Fide”

Since the forgiveness of your work violation hinges on your marriage, the legitimacy of that relationship is the central focus of your case. USCIS needs to see that you didn’t just get married to fix your immigration status.

To prove a “good faith” marriage, you should be prepared to provide:

• Commingling of Finances: Joint bank accounts, credit cards, or tax returns.
• Cohabitation: Leases or deeds showing you live together.
• Life Together: Photos of vacations, weddings, and holidays with family.
• Affidavits: Letters from friends and family attesting to your relationship.

Your Immigration Ally

Navigating the transition from an F-1 student to a permanent resident is complex, especially when past mistakes are involved. You shouldn’t have to carry the burden of worry alone. At Sverdloff Law Group, we understand the nuances of the immediate relative exception. We are here to guide you through every step, ensuring your application is accurate, honest, and compelling.

Your success is our mission. If you have worked without authorization and are ready to apply for your marriage-based Green Card, contact us today for a consultation. Let us help you secure your future in the United States with confidence.