Immigration Issues/Spouse Immigration


My husband is planning on filing for my green card, but i was working illegally for 6 months is there anyway they will find out or do we have to pay a fine for this? Will it affect the application if we deny or accept the fact that i worked illegally?

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Amanda,

Your question is a good one, but it's not easy to answer directly.  Most immigrants who are sponsored for a greencard through their US citizen spouse are generally not affected by having worked illegally.  But this is an overbroad statement.  Each case is different and I simply don't know enough about important facts like how did you first enter, how long have your overstayed, when did you enter the US, have you ever held status in the US, whether you paid US taxes on those earnings, etc.

Moreover, I think that some of this is a matter of discretion by the immigration officer, so it will also depend on all the facts of your case and whether the immigration officer interviewing you see any other issue related to the illegal employment or other things.

I strongly urge you to find an attorney or go to a non-profit legal aid society or other organization that can help you.  DO NOT go to an immigration consultant or anyone else who merely fills out paperwork for you.  These are not attorneys and they tend NOT to know the law...and lastly, they are not accountable to you depend on their advice and something goes wrong.  

Good luck,

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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