Marriage after working illegally

Asked almost 2 years ago - San Francisco, CA

I've been admitted to the US on TN-1 visas as a management consultant for over five years but actually working as a waiter (and paying taxes as a waiter). I'm currently in the US on a B2 and still working. My American girlfriend and I want to marry; do we still have a chance of staying in the US, or will my past infractions make that impossible?

Attorney answers (4)

  1. Pro

    Contributor Level 8


    Lawyers agree

    Answered . The unauthorized employment is not a problem, but you could have a problem if there was a misrepresentation to gain entry into the U.S. See my article, "A Lie Can Exclude You From the U.S. Forever", on our website at

    This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel... more
  2. Pro

    Contributor Level 20


    Lawyers agree

    Answered . You have a potential fraud issue that needs to be evaluated. Consult with an experienced immigration attorney who can review your case and advise you how best to proceed.

  3. Contributor Level 12


    Lawyers agree

    Answered . Generally if you entered legally with a valid visa and you are seeking permanent residency based on marriage to a U.S. citizen certain violations of immigration status such as visa overstay does not impact the ability to file your application for U.S. permanent residency in the U.S. You should cosnult an experienced immigration attorney for advice pertaining to your aprticular situation.

  4. Contributor Level 5


    Lawyer agrees

    Answered . You should be fine to file for adjustment of status as long as your last entry was legal. However, it is important to consult with an experienced immigration attorney to be able to evaluate your prior TN complication. I woud recommend a phone call versus an email in the future : ).

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