Overstayed On An F1 Visa And Worked Illegally, Can I Still Adjust My Status To Get A Green Card?

The F-1 visa is used by a foreign national who is entering the United States as a student to attend school. You must apply for this visa ahead of time as it may take a few months to get approved.

If you entered the Untied States on an F-1 student visa that has expired, you will probably have some difficulty adjusting your status. It is not impossible to get your green card but by illegally working in the U.S. you will definitely have a tough time.

Many people who have overstayed their visa go on to marry a U.S. Citizen and apply for adjustment of status. The AOS process is the same as someone who entered the U.S. on a K-1 visa, however, you will need to provide more evidence and will definitely have an interview.

Will I Get Denied During The Adjustment Of Status Interview?

You may get denied at the interview but this depends on how long you were in the United States illegally. The time that has accrued will definitely count against you but there is a I-601 waiver for your U.S. Citizen spouse who claims they will suffer extreme hardship if you were denied AOS.

There is a waiver for extreme hardship.
There is a waiver for extreme hardship.

What constitutes extreme hardship?

  • If the immigrant has U.S. citizen or LPR family members, and how many;
  • The qualifying relative’s family ties outside the United States;
  • The country conditions where the qualifying relative would have to relocate, and their ties to that country, if any;
  • The financial impact that the qualifying relative and/or the immigrant’s departure from the United States will cause;
  •  Significant conditions of health in the qualifying relative, particularly when tied to the unavailability of suitable medical care in the foreign country.

Can Working Under The Table And Using A Fake SSN Get Me Denied And Deported?

Falsely claiming to be a US Citizen is a lifetime ban from the U.S. with no chance of a waiver. It is the single worst non-violent offense a foreigner can commit. Yes, it is that serious!

Section 212(a)(6)©(ii) of the Immigration and Nationality Act, as amended by the 1996 Immigration Act, renders inadmissible any alien who falsely claims to be a U.S. citizen for any purpose or benefit under the Immigration and Nationality Act or any other federal or state law. The amendments apply to false claims to U.S. citizenship on or after Sept. 30, 1996

False claim to citizenship results in a lifetime ban.
False claim to citizenship results in a lifetime ban.

You may get as far as the interview but the USCIS will eventually find out and it will come up at the interview. It is best that you are honest on the I-485 form when asked if you have violated any laws.

You will be denied adjustment of status and ordered to leave the United States. It will not make any difference if you are now married to a U.S. Citizen.

If you believe you have a legitimate reason for using a different SSN, you should speak with an immigration attorney who can review your case.

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