QUESTION

Even though I am married to a US citizen with all the documents and evidence to prove it, will my violation of my OPT status affect my filing?

Asked on Aug 22nd, 2016 on Immigration - Georgia
More details to this question:
I graduated with my bachelors and started my OPT (EAD card in hand). However, I had to leave my job and I have been unemployed ever since. I got married to a US citizen in March 2016, left my job in April 2016 and have been unemployed ever since. It is now August 2016 and I am in the process of filing for my green card. I have a few concerns that have me in a panic: My EAD card is valid until February 2017 (it is stated on the card). Can I still use it to work even though I have been unemployed for almost 4 months and well over the time limit? If I do use it to work, will that affect my filing process? Is there a way I can work on my EAD card without immigration finding out?
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, a foreign national who entered the U.S. lawfully and with inspection (such as with F1 OPT status), and who then becomes married to a U.S. citizen, remains eligible for a marriage-based Adjustment of Status application notwithstanding that he/she may have overstayed an initial visa or have been employed without authorization. The filing of a marriage-based case should include an application for an Employment Authorization Document (an "EAD" or "work permit") which will authorize employment while the Adjustment of Status case remains pending. An EAD associated with OPT status is for specified employment as part of a student's training, while an EAD associated with an Adjustment of Status case is for any lawful employment. An employer should not accept as evidence of authorization for employment an OPT-related EAD that does not correspond to the employment contemplated by that employer. Of course, there are many other details involving eligibility for a marriage-based Adjustment of Status application in the Immediate Relative visa category, and involving eligibility for employment.
Answered on Sep 15th, 2016 at 10:49 AM

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