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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28297
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My I-140 got approved under EB2 from Mexico, was admitted first

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My I-140 got approved under EB2 from Mexico, was admitted first under TN and my spouse was TD, 7 years ago spouse was given class 1 misdemeanor for serving alcohol to minor while helping in a restaurant serve tables, not officially working but having an activity for mental sake as TD holders can't work while in the US. Currently I am H1B holder and spouse is H4. There are no other violations and we are reporting the incident in the 485 form up-front.

Question is if this is too risky and if we should take a different approach?

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?

Judith

Customer: replied 3 years ago.

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.

 

Judith

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