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How long after greencard application will it take to get my EAD CARD?

Houston, TX |

I have been married for five years and just applied for a greencard. I was working as a nurse previous to this. My work permit expired in February so I exited and reentered the country as a visitor and applied. I want to start working again, I wonder how Long the EAD card will take

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Attorney answers 4

Posted

Hopefully you applied for the marriage based green card at least 60 days after your last entry to the US..

If everything has been correctly filed, it takes USCIS 2-3 months from date of receipt of Form I-765 to issue you your EAD, and 1-2 months later to conduct your AOS interview.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

My husband is American. I applied for a greencard through marriage. Does this make a difference? I do t understand why they would remove me in this instance

Asker

Posted

I have not yet sent my I 765 yet. Do I need to have a job lined up first to get this? Or can I send it with the intent to look for work?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

No. You get the I-765 without any conditions or pre-conditions. I hope my answers were helpful.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

As an answer to your previous follow up question, married to a USC or not, you could be accused of having committed "visa fraud" and having had a "pre-conceived intent" if you got married and filed for AOS in less than 60 days after your last arrival.

Posted

If you entered on a visa that requires non-immigrant intent (as opposed to an H-1B or L-1 which allows dual intent) AND if you applied for green card (I-485) within 60 days of entry, then USCIS will think you committed fraud. Hire a lawyer. USCIS may confront you at your interview and put you into removal proceedings. Hire a lawyer. You can fight it, but you will need help.
You should get the EAD within 2-3 months regardless of whether USCIS catches the fraud at your interview.

Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

Asker

Posted

My husband is American. Does this make a difference?

Andrew Marino Bramante

Andrew Marino Bramante

Posted

I assumed that your husband was the Petitioner for your green card. You need a lawyer. Sorry.

Asker

Posted

Yes he was the petitioner, should have made that clear

Asker

Posted

You have been so helpful. I am going to contact your office for further assistance. It seems I have gotten in over my head!

Andrew Marino Bramante

Andrew Marino Bramante

Posted

OK. I will wait to hear from you.

Posted

If you applied as a visitor, but really had the intention to apply for permanent residency, that could be fraud.

We have 3 offices over the State of California and an international office in the Philippines. We do 100% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at blerner.checkappointments.com or call 562-495-0554 or e-mail me directly at blerner@californiaimmigration.us

Asker

Posted

So even though my husband is American and so are our kids they consider this fraud?

Brian David Lerner

Brian David Lerner

Posted

That would be the exact reason they consider it fraud.

Posted

Usually, it takes 3 months.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.