I'm an asylum applicant, i got my EAD as my case is still been processed for over 150 day,can my employer sponsor me green card?
Asked on Jun 28th, 2014 on Immigration - Tennessee
More details to this question:
i entered the US with B2 Visit visa, i applied for asylum before my visa expired , one year have passed since i applied for asylum without been interviewed, i'm within my lawful status in the US because my asylum case is pending, my visa expired on december 3rd 2013.
Your employer may be able to sponsor you for the green card, but it is doubtful whether you would be able to adjust your status to permanent residence inside the US. You make a point that you applied for asylum before your visa expired, but U.S.C.I.S. officers many times believe that working under an EAD even if legally obtained means that the individual is no longer holding valid nonimmigrant status. On the other hand, you would not have incurred any unlawful presence through your applying for asylum during the time that you were legally here and obtaining a lawful EAD, so you could conceivably travel overseas at the end of your employment based case (assuming that your case is still pending) to interview for the green card at the American consulate or embassy overseas. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.