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Applying Green Card during EAD/OPT, can I still stay in the US legally after EAD expires?

Redwood City, CA |

Hi. I'm holding a f-1 visa, and graduated December 2012. I got my EAD card a month ago. It says I can start working on Mar. 12, 2013.
If I don't get a job offer by Jun. 12, I think I'm supposed to depart the U.S.
Meanwhile, my partner (U.S. citizen) and I are considering getting married, and then apply for Green Card. I know it takes time to process. Say that I submit the application on April 20th, and I get no job offer at all. What happens after Jun.12, when I have used up my 90-day unemployment days? Can I still legally stay in the U.S. after Jun.12, waiting for the approval? Am I supposed to go back to my home country and wait for the visa or card? When do you think would be the best time to apply for Green Card? Thanks!

Attorney Answers 4

Posted

If you and your US citizens significant other get married and file for an adjustment of status, you will not be violating the law by staying in the United States because you will be "in process" to adjust. There is no "best time" to apply for adjustment of status -- the best time is the time you get married and are capable of applying via I-485 for adjustment of status. As part of that application you may also submit an I-765 to obtain another EAD extension. I think consulting a competent immigration to help you through the process may be very valuable to you.

The comments provided are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Information provided as part of this posting, does not create an attorney-client relationship between the attorney and the questioner. The opinions expressed are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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Since you entered US legally through inspection, and since your future spouse is a US citizen, and provided you are otherwise eligible for adjustment of status, you may remain in the US while going through the adjustment of status process. Nevertheless, I would highly recommend that you hire an experienced immigration lawyer to assist you with the process.

Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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I concur

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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I agree with the posted answers. You will not have to depart the US on June 12, 2013 assuming you have a correctly filed and pending green card application prior to that. I highly reocommend you do not file the green card application by yourself.

The communication above does not establish an attorney-client relationship. Advice rendered is of a general nature. (562) SANI-LAW

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