Legal Status and Work Authorization

Yes, it is generally legal to stay in the U.S. after filing a marriage-based green card application, especially if you have submitted an Adjustment of Status (Form I-485) while already in the U.S. Once your adjustment of status application is filed, you enter a period known as “authorized stay,” which means you can legally remain in the country while your case is processed. During this time, you should avoid leaving the U.S. without first getting Advance Parole (Form I-131), as leaving without it could result in your green card application being considered abandoned.

If you have overstayed a visa or entered without inspection, filing for adjustment of status may also prevent deportation during the pending process, depending on your specific circumstances.

If you overstay your visa before applying for a marriage-based green card, you may still be eligible to adjust your status, especially if you are married to a U.S. citizen. Spouses of U.S. citizens are considered “immediate relatives,” which means they can apply for a green card even if they have overstayed their visa. However, if you’re married to a green card holder and overstayed your visa, the situation becomes more complicated, as you may need to leave the U.S. and apply for an immigrant visa abroad. It’s important to address visa overstays carefully, as leaving the country after an overstay of more than 180 days could trigger a ban on reentry for several years. Consulting an immigration attorney is strongly advised if you are in this situation.

Yes, you can work while waiting for your marriage-based green card, but you’ll need to have proper work authorization first. If you’re applying for a green card from within the U.S. (Adjustment of Status), you can file Form I-765, Application for Employment Authorization, along with your green card application.

Once approved, you’ll receive an Employment Authorization Document (EAD), often called a work permit, which allows you to work legally while your green card application is processed. It typically takes 5 to 7 months to receive your work permit after filing. If you’re applying from outside the U.S. (consular processing), you won’t be able to work in the U.S. until your green card is approved and you arrive as a lawful permanent resident.