Working in the U.S. Without Permission? Here's What You Need to Know

If you've been employed in the United States without proper authorization, it doesn't absolve you from the responsibility of filing taxes with the IRS. In fact, doing so can play a crucial role in your immigration process. This was highlighted by John Dutton from the Houston-based immigration law firm John Dutton Law PLLC, during an interview with Tania Costa for CiberCuba.

A common question among the Cuban community in Texas is whether individuals who have worked without a work permit are still required to file their taxes. Dutton's response was clear: "The most important thing regarding taxes is to consult with your accountant before taking any action."

Tax Obligations Beyond Immigration Status

Dutton made it clear that tax obligations exist irrespective of one's immigration status. "If a person has worked in the United States, even if it's just for a month or two with a work permit, and they received a W-2 or 1099, they must report their income to the IRS."

For those who do not qualify for a Social Security Number, the IRS allows compliance through an ITIN (Individual Taxpayer Identification Number), which can be obtained by submitting Form W-7/SP to the IRS. This number does not grant work authorization or alter immigration status, but it does enable individuals to fulfill their tax responsibilities.

Honesty in Immigration Interviews

Another critical piece of legal advice pertains to interviews with the USCIS (U.S. Citizenship and Immigration Services). Dutton was adamant: clients should never lie about their work history. "We've instructed our clients to never lie. They should say they received a work permit and worked during that permitted time, but never lie about what they did, as it could be detrimental."

This approach has proven effective. "To this day, our clients who have been truthful about their work history, even without a work permit, have successfully become residents," Dutton stated.

The Impact of Taxes on Immigration Cases

Many Cubans may not realize that working without authorization doesn't automatically disqualify them from adjusting their status under the Cuban Adjustment Act. "Working without a work permit does not make you ineligible for the Cuban Adjustment," Dutton clarified. His colleague De Rojas confirmed this: "Working without a permit doesn't bar you from adjusting your status under the Cuban Adjustment Act."

In such cases, tax declarations can become a pivotal factor when appearing before a judge. De Rojas explained that courts evaluate both elements. "Judges may consider: okay, you worked without permission, but you filed taxes. One can balance the other."

The greater risk, De Rojas warned, is the opposite scenario—working without a permit and failing to file taxes. This, he said, "could indeed be harmful."

Staying Updated on Immigration Developments

This context is particularly significant for Cubans holding I-220A documents seeking residency in Texas. Many found themselves in unauthorized employment situations following the mass revocation of work permits in 2025. In 2026, USCIS resumed adjustment of status interviews for some Cubans with I-220A, emphasizing the urgency of settling tax matters before appearing before an immigration officer or judge.

If you're uncertain about how your employment status might impact your immigration journey, keep abreast of the latest updates in our U.S. Immigration section, where you can find current information and expert guidance.