QUESTION

Marriage Immigration

Asked on Oct 20th, 2021 on Immigration - Illinois
More details to this question:
I just married my husband who is out of status, he came here on a student visa. I've read where you can file for adjustment of status and EAD card separately. Do you have to apply for adjustment of status first before you can apply for an EAD card? How long long are both processes due to covid?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I assume that you are a US citizen as only marriage to a US citizen would allow your husband to adjust his status if he is an overstay. In such case, your husband can apply for adjustment of status along with the EAD at the same time. The processing time for adjustment depends upon the scheduling of the local field office of USCIS. EAD’s are taking a long time, and USCIS has just been sued by a group of adjustment applicants over the issue of not having received their EAD’s issued even after all of them have been waiting from 7-13 months. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.
Answered on Nov 13th, 2021 at 12:48 PM

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