My green card application is pending. I received my EAD couple days ago and started using it. I am also F1 student. My question is, once start using ead am I falling out of f1 status? Or is it possible to maintain F1 status as well while using ead? In case terminate my F1 status and my green card application gets denied, will I still have a chance to see a judge?
The difficulty is that the EAD use is inconsistent with F-1 status, and USCIS would consider you out of status if you only had to rely upon the F-1 to stay legally in the US and it knew of your use of the EAD. If your green card application is denied and your F-1 status terminated, you would have the right to see the immigration judge although the timing of hearings is difficult these days because of the pandemic. I also note that under the Biden administration, your type of case would not be considered a priority for removal, and so you may not receive a notice to go to immigration court even if you wanted to do so. 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.
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