What if I left and ..EAC

[StuffyNose]

What if I left the country and ..EAC

OK, so let's see, I'll get married to my BF (LPR). I have overstayed my I94, so I guess I can not apply for work papers either.
What if I manage to leave without a stamp or trace, come back from one of the surrounding countries (or wherever) with a fresh I94, can I then apply for work authorization? Or what are -other- my possibilities?

Thank you very much!

 

[dr_lha]

Is your boyfriend who you plan to get married to a US citizen or just a Green Card holder. If the latter, then it doesn't matter what you do, you're not going to get employment authorisation through him.

If he's a USC, you can apply for a EAD as soon as you file AOS, no need to leave the US as your overstay will be forgiven by USCIS.

EDIT: OK, I just read your other thread. You're not getting an EAD any time soon. Leaving the country and trying to return will probably just result in your getting banned.

 

[StuffyNose]

Hi, Thanks.

What, if I married to a green card holder, let's see everything is legal around me, they wouldn't give me EAC?? WHy?
They can't think I can just laze around for 5 years till he becomes a citizen..

 

[dr_lha]

Hi, Thanks.

What, if I married to a green card holder, let's see everything is legal around me, they wouldn't give me EAC?? WHy?
They can't think I can just laze around for 5 years till he becomes a citizen..

Marriage to a green card holder doesn't give you that many rights unfortunately. You can't get an EAD until you can file for AOS. You won't be able to file for AOS until you have an approved I-130 form, and currently the wait for the F2A category is about 4 1/2 years, so you'll be waiting almost as long for that as you'll be waiting for your husband to get his citizenship.

It sucks, but there you go.

 

[pianoplayer]

Hi, Thanks.

What, if I married to a green card holder, let's see everything is legal around me, they wouldn't give me EAC?? WHy?
They can't think I can just laze around for 5 years till he becomes a citizen..

You are missing the point. They do not want you to laze around for 5 years. What they want is for you NOT to be in the US. This sounds harsh, but that is what the law is. You have no immediate derivative right to be in the US based on your spouse's PR status.

Incidentally, I think this is an area of the law that is very unfair. Spouses of many nonimmigrant visas have the ability to enter as a family member of the visa holder. But that is the way it is right now.

 

[dr_lha]

Agreed. They need to make the "V" visa category just cover all spouses of LPRs. Maybe make it so LPR spouses don't get quick green cards, but I don't see the problem allowing them to at least be together, much like the benefitiary of a H-4 visa for example, or a J-2 (which you can even get an EAD if you have).

 

[Al Southner]

OK, so let's see, I'll get married to my BF (LPR). I have overstayed my I94, so I guess I can not apply for work papers either.
What if I manage to leave without a stamp or trace, come back from one of the surrounding countries (or wherever) with a fresh I94, can I then apply for work authorization? Or what are -other- my possibilities?

Thank you very much!

Stuffynose:

If you decide to leave the US: PLEASE ENSURE THAT YOUR I-94 is submitted to the airline agent,so that they can process when you left the US. Here is the challenge: if you hide this I-94 with a view of leaving without being detected, then USCIS views you as presently IN THE US. So, in the future, should you secure a visa (very unlikely until you complete 3/10 ban depending on how long you overstayed), prior to landing in the US, you have to complete a I-94 again, so when you enter one of those POE for processing USCIS system show that you NEVER left the US. Hence, I-94 is a DEPARTURE RECORD for USCIS to know that you left the United States.

My advise: you can either overstay till your future hubby becomes a USC or you leave and serve your automatic ban. Till then, your overstay will be forgiven by virtue of your marriage to a USC. In the meantime, when you leave: PLEASE submit your I-94 so that your ban can start the day USCIS process your I-94 or you will leave the US for 10 years, but accrue unlawful presence in for the time you were never in the US, because you skipped submitting the I-94.

Lastly, don't try to leave the US and sneak back with a view of getting another I-94 stamp. Since you overstayed, you are subject to an automatic ban, which is in the USCS databases and conected to US consulates worldwide...

al