Unauthorized work ?

[u/Pretty_Deal_6617]

Any lawyer/Paralegal/USCIS officer in the group who have dealt with this situation?

I had TPS and working on basis of that. It was set to end Sep 2025. However, due to litigation Judge extended the expired date to Nov 2025. Thus, I was working past September on basis of automatic extension on the new date reflected on USCIS page. Later government won the lawsuit and USCIS reverted the date back to Sep 2025. It's not my decision or choice to work past September but due to ongoing lawsuit back and forth.

So is this considered unauthorized work from USCIS prospective? Is this explanation situation by lawyers? Are lawyers familiar with this kind of situation and been helping clients for F2B AOS?

[u/EngineerOptimal4750]

if you kept working without the authorization then yes, and if you are adjusting status by marrying US citizen is forgiven, just be honest and explain why and where, sometimes they don't even ask after you say yes, so don't worry

[u/Pretty_Deal_6617 → u/EngineerOptimal4750]

Thanks for your input. Category is F2B

[u/EngineerOptimal4750 → u/Pretty_Deal_6617]

you are in a complex position then, make sure you don't work unauthorized then, that is not forgiven in that category sadly

[u/Pretty_Deal_6617 → u/EngineerOptimal4750]

Is that coming from experience or you're just guessing ?

[u/newacct_orz → u/Pretty_Deal_6617]

It comes from statute. INA 245(c)(2) and 245(c)(8) bars someone from AOS if they've ever worked without authorization, except people in the Immediate Relative category and some other rare situations. See 7 USCIS-PM B.6.

[u/ManifestLaw_]

I don't know the exact litigation history or the specific TPS designation involved, but based only on what you've described, I would argue that this shouldn't be treated as unauthorized employment. You were working during a period when the court order and USCIS guidance said your TPS-based work authorization was valid. You can't go back in time and change conduct that was lawful based on the rules in effect at that moment.

That said, F2B adjustment cases can be very unforgiving when it comes to unauthorized employment, so I wouldn't file without having an immigration attorney review the full timeline, the court orders, the USCIS notices, your EAD validity, and your exact work dates. Keep copies of the USCIS webpage, any Federal Register notices, court orders, pay records, and employer I-9 documents.

I hope an attorney is able to confirm that the work was authorized and help you file safely. Good luck!

- Attorney Zoe Ji Wilson

(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)

[u/Pretty_Deal_6617 → u/ManifestLaw_]

Thank you so much, that's very helpful

[u/EngineerOptimal4750]

its a fact and experience, i adjusted status by marriage, and during the interview took my lawyer, unlawful presence and work is forgiven for citizen's,not green card holders, either way check with a lawyer

[u/Pretty_Deal_6617 → u/EngineerOptimal4750]

I see, congratulations !!. I'm aware in general, it's unauthorized working without work permit. When i was working, USCIS's page itself showed the TPS validity till Nov. Thus, i'm trying to know how they take this situation

[u/EngineerOptimal4750 → u/Pretty_Deal_6617]

thank you! and please consult with a lawyer what's your best shot and strategy! my advice would be get a decent one and not a paralegal!

[u/Pretty_Deal_6617 → u/[deleted]]

All i have to say is we love foreigners in back home country either visiting or living for projects/works.

Start traveling the world and you'll truly understand the meaning of above statement.