F-1 Student Visa, married, applying for Green Card

[Ardnnacht80]

Good day, need some advice:

An F-1 Student Visa holder married a US citizen and is about to apply for Lawful Permanent residency (Green Card).

The F-1 Student is 3/4 of the way through a 4 year degree, and has been working for some months in a field related to her major, and submitted her Soc Sec # when she got hired.

It was arranged through a common student-related job program it seems, but it is possible that she has been working more hours per week than she was supposed to legally under the F-1 status, but this has all been due to a family hardship back home in her country of origin (a family member got cancer and needed out of pocket chemo therapy), which caused her family to not be able to support her anymore, which caused her to have to work more hours to support herself.

Nearly all of her income goes to her monthly payment plan for her tuition. The rest is for food and toiletries.

Based on everyone's expertise and knowledge, here:

If she applies for the Green Card now, married to a US citizen, what are the chances of her being approved if she is fully honest about her (likely) unauthorized number of hours worked per week?

Would her application be denied outright?

Would her family's hardship back home be a factor in giving her some leniency?

If she applies and they decide to dig into her unauthorized work because of applying, could this lead to her being deported now, before her F-1 visa is actually up?

Would any of the above change if she were to get pregnant and have a child before she applies for the Green Card?

Thank you in advance for any advice.

 

[newacct]

Good day, need some advice:

An F-1 Student Visa holder married a US citizen and is about to apply for Lawful Permanent residency (Green Card).

The F-1 Student is 3/4 of the way through a 4 year degree, and has been working for some months in a field related to her major, and submitted her Soc Sec # when she got hired.

It was arranged through a common student-related job program it seems, but it is possible that she has been working more hours per week than she was supposed to legally under the F-1 status, but this has all been due to a family hardship back home in her country of origin (a family member got cancer and needed out of pocket chemo therapy), which caused her family to not be able to support her anymore, which caused her to have to work more hours to support herself.

Nearly all of her income goes to her monthly payment plan for her tuition. The rest is for food and toiletries.

Based on everyone's expertise and knowledge, here:

If she applies for the Green Card now, married to a US citizen, what are the chances of her being approved if she is fully honest about her (likely) unauthorized number of hours worked per week?

100% as long as the marriage is bona fide.

Would her application be denied outright?

No. Unauthorized works irrelevant

Would her family's hardship back home be a factor in giving her some leniency?

Unauthorized works irrelevant

If she applies and they decide to dig into her unauthorized work because of applying, could this lead to her being deported now, before her F-1 visa is actually up?

No. They will not deport her after she applies for Adjustment of Status.

Would any of the above change if she were to get pregnant and have a child before she applies for the Green Card?

Irrelevant

 

[Ardnnacht80]

Excellent info, thanks so much!

Two follow up questions:

1.) If the Adjustment of Status paperwork is submitted now, how necessary is it that she immediately cease all unauthorized employment? (I'm reading that if she files and continues to work, she could get denied outright?)

2.) If she decides to keep working now, and submit the Adjustment of Status for Green Card -after- the current college semester ends, ceasing all unauthorized employment at that time, is there any limit to how much previous unauthorized work they can excuse going back?

 

[newacct]

Excellent info, thanks so much!

Two follow up questions:

1.) If the Adjustment of Status paperwork is submitted now, how necessary is it that she immediately cease all unauthorized employment? (I'm reading that if she files and continues to work, she could get denied outright?)

Her AOS is not affected by unauthorized employment, no matter at what time. Make sure she didn't lie on any paperwork to get the work.

2.) If she decides to keep working now, and submit the Adjustment of Status for Green Card -after- the current college semester ends, ceasing all unauthorized employment at that time, is there any limit to how much previous unauthorized work they can excuse going back?

No. They don't need to "excuse" anything; it's simply irrelevant for her AOS in her category.

 

[Ardnnacht80]

Sounds great. Thanks so much for the prompt replies!