work permit after I130 denial?

J

JFK12

Registered Users (C)
Our I130 was denied a week ago. Today I received a letter for my alien wife that "all received EAD and AP are revoked". But she works and still wants to work. We are going to appeal - are there any options of receiving some sort of EAD during the appeal wait time?

Also, she holds an office job - will USCIS or ICE inform employer of EAD termination, if her EAD card expires in a year from now (although they said in mail that it is revoked).


please help.
 
What exactly the letter says? Is it "revoked now" or "you have 15 days to send a response why the EAD cannot be revoked and failing to do so will revoke it automatically after 15 days" (something like that)? And no, CIS will not inform the employer about the revoking of EAD.
 
it does not say anything in specific, just I130 for your spouse has been denied. you are not eligible, bla bla, EAD and AP revoked. thats all.
 
JFK12 said:
it does not say anything in specific, just I130 for your spouse has been denied. you are not eligible, bla bla, EAD and AP revoked. thats all.
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That means that technically she can't use it anymore.

I was asking because I run into the letter when AoS was denied, but EAD was not revoked immediately, but the person was given 15 days to respond back with explanation WHY it can't be revoked. Eventually it was not revoked, BTW.
 
yes, but can she apply under some other criteria such as appleal in progress, or anything like that?
 
Does the letter mention the next possible courses of action? Like filing an appeal? For any denial USCIS will provide a reason for denial. Can you read your letter again to see if there is anything which describes anything about the reasons for denial.
Without knowing the reason for denial (there can be several, e.g., marriage for the sole purpose of immigration, not enough evidence of a real marriage, etc.) it would be difficult to pursue the next course of action. You would be well advised to meet with a lawyer and describe all aspects of your case.
If you provide more details of your case maybe someone here can help you.
 
letter does not say more than that that she is not found under any cryterias for eligibility for EAD and AP
 
JFK12 said:
letter does not say more than that that she is not found under any cryterias for eligibility for EAD and AP
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That's the letter about EAD and AP which you got yesterday. But what about the I-130 denial letter? What was the reason given in the I-130 denial letter you got last week? Did you even receive an I-130 denial letter? If not, how did you find out about the I-130 denial? Are you a US citizen?
 
If you have not yet consulted an attoney, now is the time to do so for an objective evaluation of the problems you are encountering. The presumption of marriage fraud indicates a problem that needs professional advice.
 
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