Immigration Law Questions? Ask an Immigration Lawyer.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Has your spouse departed and come back into US with a new I-94 since ending her unlawful employment and filing the I-485.
If she got a new I-94 and re-entered after the violation and before filing the 485 she is not ineligible for adjustment.
Also how long was she unlawfully employed? How many days?
Since then we have re-entered the US many times. She got approved after that incident for H4 Visa and we probably have had 4-5 new I-94 since then. We have not filed yet for the adjustment of status, we are about to do so but we were afraid it would be rejected because of that. She helped them for about 2 weeks before the incident, she never received payment from them.
Her departure and re-entering cleared the unlawful employment violation ineligibility so there should not be any issue now about eligibility to adjust.
And it does not matter that she was not paid, that is still unlawful employment - she was providing a service - it was productive work.
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