Legal Question in Immigration Law in California

Marriage Based Immigration - Work Authorization

I am a US citizen who married an out-of-status immigrant (she came in with a B2 and overstayed her visa). I'm in the process of filing for her to receive a green card (I-130) and also to get her a work authorization. The wrinkle is that she is currently working and when she was hired, she marked that she was a citizen on her I-9 form. Some lawyers are telling me that this can be very detrimental to her receiving a green card, due to her claim of being citizen. What is the likelihood of this? Should she quit her job, find another job and use the legal work authorization that she will legally receive? Please help!!!


Asked on 1/23/02, 6:19 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Marriage Based Immigration - Work Authorization

Falsely claiming citizenship for employment purpose is specifically targeted in the law as making her inadmissible, which means she probably won't get her green card. She should quit and start a new job and hopefully, the false job won't come up in the interview.

Liem Doan, Esq.

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Answered on 1/23/02, 8:22 pm


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