# Can I apply for a green card if I worked without a permit after my visa expired? - Jurisdiction: United States - Practice area: Immigration Law - Published: 2026-10-31 - Last updated: 2026-10-31 - Canonical: https://lawasked.com/us/immigration/can-i-apply-green-card-if-i-worked ## Question I am currently living in Texas and I am really worried about my legal situation. I originally came to the United States on a valid tourist visa back in June 2021. Everything was fine for the first year, but my visa actually expired in June 2022. Since then, I have been staying here without a valid status because I didn't want to leave my family. To support myself and pay my rent, I started working at a local grocery store in July 2022. I have been working there for about 18 months now, receiving a paycheck every two weeks, but I know I am working without authorization. My cousin, who is a U.S. citizen, wants to sponsor me for a green card through our marriage, and we are planning to get married next month. I have already looked into some basic forms online, but I am terrified of the consequences. I need to know if I can still file an application to change my status to a permanent resident even though I have been working illegally and my original visa is no longer valid. Does my unauthorized employment completely disqualify me from getting a green card through my spouse? ## Summary Yes, you can likely still apply for a green card through your spouse. While unauthorized work and being out of status usually prevent people from adjusting status, there is a specific exception for the immediate relatives of U.S. citizens. ## Analysis Under the Immigration and Nationality Act, the general rule is that an alien who has worked without authorization or failed to maintain lawful status is not eligible to adjust their status to a permanent resident [1]. Specifically, the law states that adjustment of status "shall not be applicable to... an alien... who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status" [1]. This means that, generally, working at a grocery store without a permit or staying past your June 2022 visa expiration would disqualify you. However, there is a very important exception for your specific situation. The law provides that the restrictions on unauthorized employment and unlawful status do not apply to certain people. Specifically, the law excludes "an alien (other than an immediate relative as defined in section 1151(b) of this title..." from these disqualifications [1]. Because you are planning to marry a U.S. citizen, you fall into the category of an "immediate relative." For immediate relatives of U.S. citizens, the usual penalties for working without a permit or overstaying a visa are waived when applying for a green card through that marriage. It is important to note that while you may be eligible to adjust status, you must still be "admissible to the United States for permanent residence" [1]. This means you must not have other issues, such as certain criminal convictions, that would make you ineligible to enter the country. Additionally, your marriage must be a "bona fide" marriage, meaning it was entered into in good faith and not just to get a green card [1]. State, provincial, or local laws may add further rules regarding employment or marriage registration, so you should check Texas-specific regulations. ## Statutory citations - Immigration and Nationality Act, 8 U.S.C. § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255) > Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to... (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title... who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status - Immigration and Nationality Act, 8 U.S.C. § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255) > The status of an alien... may be adjusted... to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. --- General information only, not legal advice. See https://lawasked.com/disclaimer