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Is it already okay to file an I-485 and file for EAD after receivingan establishment of prima facie case for my I-36

Woodbury, TN |

I live in Tennessee

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Attorney answers 3

Posted

You can file the 485 at any time but it cannot be approved until the I360 has been approved. You can file the EAD without filing the 485.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Asker

Posted

Thank you for the advice, sir. So, will I be given an EAD for sure even if I don't have a green card yet?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

I see no reason why you should not be given the EAD. Now, having said that, I have no authority to issue EADs, only CIS does. Unofficially, I would say "for sure." But don't quote me on that! In all seriousness, apply for the EAD and you should have it within 90 days at the latest. Good luck!

Asker

Posted

Thank you so much for your advice, sir. Have a great day.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You are welcome.

Asker

Posted

Thank you sir. I understand. I have another question. My eldest son is with me and he is attending a local elementary school. We are planning to send him back home to my native country for a vacation but i am not sure if we could do that without my I-360 approval. can i apply for an I-131 for him at this point in time? Thank you again.

Posted

I agree with my colleague.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

Thank you sir.

Posted

Once you have received approval of your I-360 Petition you may file for both the I-765 EAD and for adjustment of status to LPR as long as the EB-4 category for "special immigrants" remains "current" as to immigrant visa availability (which it currently is under the January 2013 DOS Visa Bulletin).

Response to this question does NOT establish an attorney-client relationship with the person requesting such information.

Asker

Posted

Thank you, sir. Does an establishment of prima facie notice usually indicate a high chance of approval of I-360?

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