More details to this question:
Good Afternoon, 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 2016and i am in the process of filing for my green i have a few concerns that have me in a panic: 1. 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? 2. 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 ? 3. If there a way i can work on my EAD card without immigration finding out?
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Marriage to a US citizen in a bona fide marital relationship excuses unauthorized employment. Your present EAD is connected with your OPT and it is technically invalid now that you have been unemployed for over 90 days. However, the fact that you will undoubtedly be adjusting status to permanent residence in the US based upon marriage to a US citizen erases that for the most part as a concern to an adjudicating immigration officer. Whether you work on the EAD or without authorization at this point would likely make no difference in your case.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.
Answered on Sep 18th, 2016 at 11:27 AM
1. Your OPT EAD is likely invalid because you have been unemployed for more than 90 days. You will need to wait to receive your adjustment based EAD to work with authorization.
2. USCIS effectively forgives your status violation since you are married to a United States citizen.
3. You are essentially asking attorneys to provide guidance on how to break the law.
You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on Aug 22nd, 2016 at 2:13 PM