Can I get an EAD Card in this situation?

V

vertigo0449

New Member
First of all, thank you for this forum and for all those who contribute!
My situation is this: My wife has been approved by the DOL and we are now filing I-485 and I am applying for AOS through her (as her dependent), we have a daughter who is USC, I am currently in F1 status but I have worked without authorization for a long period of time (more than 180 days) and last year with authorization. I reported all income and file tax returns. Will this prevent me from getting a EAD card? and how will affect me in the process of adjustment of status? I asked my lawyer and he said we should disclose everything and that it might be ok. He also mentioned that the worst scenario is that they have me go to a port of entry for a green card as punishment for violating the terms of my visa but they should let me back in with no problem. Is this true? Anyone has any advise?
thank you again!
 
vertigo0449 said:
First of all, thank you for this forum and for all those who contribute!
My situation is this: My wife has been approved by the DOL and we are now filing I-485 and I am applying for AOS through her (as her dependent), we have a daughter who is USC, I am currently in F1 status but I have worked without authorization for a long period of time (more than 180 days) and last year with authorization. I reported all income and file tax returns. Will this prevent me from getting a EAD card? and how will affect me in the process of adjustment of status? I asked my lawyer and he said we should disclose everything and that it might be ok. He also mentioned that the worst scenario is that they have me go to a port of entry for a green card as punishment for violating the terms of my visa but they should let me back in with no problem. Is this true? Anyone has any advise?
thank you again!
Click to expand...
First, ask for second opinion, I would fire your lawyer immediately but at least ask another lawyer.
If you have valid visa I would recommend to go out of the country and reenter before filing I-485. Because you should be in valid non immigrant status since your last admission. The problem is that you can be inadmissible for 3 or 10 years. Another way - try consular route instead of I-485, I'm not sure about that.
The only thing is clear - if you disclose all that information, your I-485 will be denied.
 
Last edited by a moderator:
vertigo0449 said:
First of all, thank you for this forum and for all those who contribute!
My situation is this: My wife has been approved by the DOL and we are now filing I-485 and I am applying for AOS through her (as her dependent), we have a daughter who is USC, I am currently in F1 status but I have worked without authorization for a long period of time (more than 180 days) and last year with authorization. I reported all income and file tax returns. Will this prevent me from getting a EAD card? and how will affect me in the process of adjustment of status? I asked my lawyer and he said we should disclose everything and that it might be ok. He also mentioned that the worst scenario is that they have me go to a port of entry for a green card as punishment for violating the terms of my visa but they should let me back in with no problem. Is this true? Anyone has any advise?
thank you again!
Click to expand...

Now what is your current status?Is it valid? Any current 797 approvals?
 
voldemarv said:
First, ask for second opinion, I would fire your lawyer immediately but at least ask another lawyer.
If you have valid visa I would recommend to go out of the country and renter before filing I-485. Because you should be in valid non immigrant status since your last admission. The problem is that you can be inadmissible for 3 or 10 years. Another way - try consular route instead of I-485, I'm not sure about that.
The only thing is clear - if you disclose all that information, your I-485 will be denied.
Click to expand...


Is valid non immigrant status is enough or do you need to have valid stamp in your passport?Thanks
 
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