Tuesday, May 21, 2024
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Working without work visa or permit

Fatwaa ID: 1189

Question:
Assalamu Alaikum.

I am currently living in US and i came here about 5 years ago under student visa for higher study. After my graduation, I got a job and started working here.

In US after finishing school or college, government grants a 3-year work permit for the students. Students can work here for 3 years with that work permit under the same student visa. Within this 3 year they have to either change their visa to work visa or green card. Or else they have to leave after 3 years when the work permit expires.

So, my employer applied for my green card, and I have still pending application within the immigration department. But unfortunately, due to some complications my processes took longer than expected and now I am out of my work authorization that I received after my graduation. So, I cannot continue working anymore with my current company. But I can stay here is US as long as my applications are pending.

The state where I live car is a kind of necessity and you need to drive car for your daily chores and everything. Public transportation is not very good here. As soon as my work permit expired my driving license is also expired and I cannot renew that without a valid work permit. So, the situation is that I cannot work and also I cannot go anywhere in case of any need or emergencies. Also, health insurance is also will be inactive within couple of weeks.

I live here with my wife who is on dependent visa and also not authorized to work. I am the only one to support my family. Looking at my situation my company suggested to continue working for them and they are going to pay me in cash. I have some savings that may last 4-5 months.

And Allah knows how much time it may take for the immigration office to process my applications. It can take days, weeks or months or even a year. Only Allah knows. Because there is no specific timeline about the processing of applications. Whenever I try to inquire about my case, they just mention it’s in normal processing and the earliest I can inquire about my case is January 2024. They give me a statistics that 80% of the case that they processed within the last 6 months took an estimated of 15-17 months.

So, my question is, will my income be halal if I continue working for my employer and take payment as cash?

As I said, I have some savings that may last 4-5 months or may be maximum 6 months. I have requested multiple times the immigration office to expedite my application due to financial situation that I will fall in, but they rejected my application.

Jazakallahu Khairan.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. May Allaah Ta’aala make it easy for you and grant your documents soon. In the enquired situation, you will be excused to continue working in the manner proposed by your company. Your income will be halaal. However, we advise you to ensure that you do not get into any legal trouble.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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