Opa Locka, FL Immigration Law Firms & Lawyers

In the States for adjustment status to permanent residence, all parties that are being petitioned for and applying for adjustment of status must appear at the interviews in our experience. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

The clear intent of the law is to prohibit unapproved people from working in the U.S. employment market. If a person is currently applying for lawful status in the U.S. but has not yet received the EAD (work permit) or their LPR (Green card) approval, then they may not work lawfully. The real question is whether or not Immgiration Serives will penalize you for working without documents in your application process?  If your spouse falls into the "immediate relative" category (US Citizen Spouse petitioning you), then your unauthorized work is exempted from the normal inadmissibility provision. In other words, the unauthorized work would not require a waiver or make you completely inadmissible to adjust status.  One problem that can really be a major stumbling stone is the "false claim to US Citizenship". Many people, especially people who have lived in the US for many years, will work as a US Citizen when they are not indeed a US Citizen. If USCIS finds out that you have made a false claim after 1996, you will be permanentely ineligible for LPR or Citizenship in the US.  This is provided as information alone, this is not legal advice and should not be construed as legal advice. This information should not be relied upon solely for any purpose. You should seek out the advice of a high level, licensed attorney for more information. 

The general rule is that one can’t adjust status from a crewman visa to get a green card through marriage. Had you married your ex and then applied for a visa at the consulate in South Africa that may have resulted in success or had u applied for a fiancé visa and then entered the states and got married. Without knowing all the facts and issues of the case, that is my guess. You need to retain counsel to review all the documents and look at all the evidence to form a proper opinion and strategy.