QUESTION

Should I apply for the EAD now and apply for advance parole or just continue with the B2 and start the EAD paper work in October?

Asked on May 21st, 2015 on Immigration - New York
More details to this question:
I am currently on a 10 year B1//B2 visa and got married in the US last month. I am going to apply for an employment authorization. But I need to go back to my native country for 3 months and will be coming back for good in October.
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, if a foreign national spouse is in valid B1/B2 status at the time he/she marries a U.S. citizen, the foreign national will be eligible to apply for Advance Parole (sometimes called a "travel document") simultaneously with applying to adjust status (to become a Lawful Permanent Resident, sometimes called getting a "Green Card"). A combined Advance Parole/Employment Authorization Document will be issued by the USCIS within 90 days of filing, and it can be used for travel and re-entry into the U.S. while the case is pending. Note, however, that extensive travel abroad may interfere with being present for a biometrics appointment or for an adjustment of status interview, and it would be wise to engage an immigration attorney to provide representation for the process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on May 26th, 2015 at 12:11 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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If you leave the country, you will have to apply for an immigrant visa in a consulate.
Answered on May 26th, 2015 at 9:00 AM

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