QUESTION
What would be the status of the employment authorization if separated?
Asked on Nov 03rd, 2014 on Divorce - Texas
More details to this question:
I have my work authorization through marriage and currently working in the U.S on the authorization. I have filed for adjustment of status through marriage and waiting for an interview. I am also a student on F1 visa. If we separate, does my work authorization get revoked as well? I know my adjustment of status will cease, but what happens to my work authorization valid until September 2015.
6 ANSWERS
If you are separated from your husband while an adjustment case is pending, and reconciliation is not something you both foresee, it would be advisable to withdraw the application in lieu of facing a denial. Your employment authorization is linked to your pending adjustment of status application, therefore, you will be unauthorized to work when application is withdrawn. It would be good to invest in formal consultation with an immigration lawyer.
Answered on Nov 06th, 2014 at 3:01 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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When CIS denies your I-485, it will usually revoke your EAD. Until then, you have a valid EAD.
Answered on Nov 04th, 2014 at 2:55 PM
Once the I-485 is revoked (and that can happen if your spouse chooses to withdraw the pending I-130) all benefits that you have as a result of the pending I-485, including the EAD, will be terminated.
Answered on Nov 04th, 2014 at 12:58 PM
I would suggest you consider contacting Immigration with your question. Good luck.
Answered on Nov 04th, 2014 at 10:08 AM
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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The work permit would be cancelled upon divorce or denial of the adjustment application, whichever comes first.
Answered on Nov 04th, 2014 at 10:07 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are separated from your husband, there is a possibility that your application for adjustment of status may be denied by USCIS. Since your employment authorization was likely granted in connection with your adjustment application, the employment authorization may also be revoked.
Answered on Nov 04th, 2014 at 10:06 AM