Can I obtain EAD?
Oct 14th 2002, 6:27 pm
#1
Guest
Posts: n/a
Can I obtain EAD?
As a Canadian citizen married to a US Green card holder (resident
alien), am I able to obtain Employment Authorization Document
(EAD)before my Green Card processing is finalized? I am of the
understanding that my category (Preference 2A) takes some time and
that 4 to 5 years is not unusual. Thank you.
alien), am I able to obtain Employment Authorization Document
(EAD)before my Green Card processing is finalized? I am of the
understanding that my category (Preference 2A) takes some time and
that 4 to 5 years is not unusual. Thank you.
Oct 16th 2002, 8:42 am
#2
Guest
Posts: n/a
Re: Can I obtain EAD?
"Gary Jones" wrote in message
news:a72aa842.0210142227-
[email protected]...
> As a Canadian citizen married to a US Green card holder (resident
> alien), am I able to obtain Employment Authorization Document
> (EAD)before my Green Card processing is finalized? I am of the
> understanding that my category (Preference 2A) takes some time and
> that 4 to 5 years is not unusual. Thank you.
No, you cannot get an EAD based on marriage to a U.S. permanent resident.
There is no benefit (such as work authorization) available to you based on
that relationship until the 4 to 5 years have passed, and a visa is
available to you.
In the meantime, you must qualify *on your own* for any visa or immigration
benefit in the U.S. And the marriage will make certain benefits (like
visitor's status or students status) more difficult to get because the U.S.
government will assume that you intend to reside in the U.S. permanently.
news:a72aa842.0210142227-
[email protected]...
> As a Canadian citizen married to a US Green card holder (resident
> alien), am I able to obtain Employment Authorization Document
> (EAD)before my Green Card processing is finalized? I am of the
> understanding that my category (Preference 2A) takes some time and
> that 4 to 5 years is not unusual. Thank you.
No, you cannot get an EAD based on marriage to a U.S. permanent resident.
There is no benefit (such as work authorization) available to you based on
that relationship until the 4 to 5 years have passed, and a visa is
available to you.
In the meantime, you must qualify *on your own* for any visa or immigration
benefit in the U.S. And the marriage will make certain benefits (like
visitor's status or students status) more difficult to get because the U.S.
government will assume that you intend to reside in the U.S. permanently.
Oct 24th 2002, 5:49 am
#3
Guest
Posts: n/a
Re: Can I obtain EAD?
[email protected] (Gary Jones) wrote in message news:...
> As a Canadian citizen married to a US Green card holder (resident
> alien), am I able to obtain Employment Authorization Document
> (EAD)before my Green Card processing is finalized? I am of the
> understanding that my category (Preference 2A) takes some time and
> that 4 to 5 years is not unusual. Thank you.
If you got married to the US green card holder before her application
was approved, you could get your EAD. In this case, you file your
permanent residence application as an extension of hers.
> As a Canadian citizen married to a US Green card holder (resident
> alien), am I able to obtain Employment Authorization Document
> (EAD)before my Green Card processing is finalized? I am of the
> understanding that my category (Preference 2A) takes some time and
> that 4 to 5 years is not unusual. Thank you.
If you got married to the US green card holder before her application
was approved, you could get your EAD. In this case, you file your
permanent residence application as an extension of hers.
Oct 24th 2002, 7:44 am
#4
Guest
Posts: n/a
Re: Can I obtain EAD?
"Jennifer Ho" wrote in message
news:4fc748d5.0210240949.-
[email protected]...
> [email protected] (Gary Jones) wrote in message
news:...
> > As a Canadian citizen married to a US Green card holder (resident
> > alien), am I able to obtain Employment Authorization Document
> > (EAD)before my Green Card processing is finalized?
You will be able to get an EAD before you obtain permanent resident status,
if you choose the adjustment of status method, filing Form I-485. But it
will only be available for the period of time between the filing of Form
I-485 and getting PR status, which will be perhaps the *final* one year
period.
In the *intervening* 5 or more years, while you are waiting for the quota in
your category to become current, and an immigrant visa number to become
available, so that you may file Form I-485, you are *not* eligible for an
EAD based on your immigration process.
Also, if you choose to file Form I-485, you will subject yourself to
accusation of preconceived immigrant intent. This is because you have to
enter the U.S. in a valid nonimmigrant status, in order to be eligible to
file Form I-485. Unless you can enter the U.S. in L-1 or H-1B status (which
allows dual intent), whatever nonimmigrant status you use will require
temporary intent. If you then file Form I-485, it points to
misrepresentation or fraud.
Also, if you choose consular immigrant visa processing rather than
adjustment of status, you can get PR status much earlier. Your interview
can be scheduled within a month or two of visa availability, as opposed to
the I-485 method, in which the interview will be scheduled perhaps a year or
two after the visa number first becomes available.
I am of the
> > understanding that my category (Preference 2A) takes some time and
> > that 4 to 5 years is not unusual. Thank you.
> If you got married to the US green card holder before her application
> was approved, you could get your EAD. In this case, you file your
> permanent residence application as an extension of hers.
news:4fc748d5.0210240949.-
[email protected]...
> [email protected] (Gary Jones) wrote in message
news:...
> > As a Canadian citizen married to a US Green card holder (resident
> > alien), am I able to obtain Employment Authorization Document
> > (EAD)before my Green Card processing is finalized?
You will be able to get an EAD before you obtain permanent resident status,
if you choose the adjustment of status method, filing Form I-485. But it
will only be available for the period of time between the filing of Form
I-485 and getting PR status, which will be perhaps the *final* one year
period.
In the *intervening* 5 or more years, while you are waiting for the quota in
your category to become current, and an immigrant visa number to become
available, so that you may file Form I-485, you are *not* eligible for an
EAD based on your immigration process.
Also, if you choose to file Form I-485, you will subject yourself to
accusation of preconceived immigrant intent. This is because you have to
enter the U.S. in a valid nonimmigrant status, in order to be eligible to
file Form I-485. Unless you can enter the U.S. in L-1 or H-1B status (which
allows dual intent), whatever nonimmigrant status you use will require
temporary intent. If you then file Form I-485, it points to
misrepresentation or fraud.
Also, if you choose consular immigrant visa processing rather than
adjustment of status, you can get PR status much earlier. Your interview
can be scheduled within a month or two of visa availability, as opposed to
the I-485 method, in which the interview will be scheduled perhaps a year or
two after the visa number first becomes available.
I am of the
> > understanding that my category (Preference 2A) takes some time and
> > that 4 to 5 years is not unusual. Thank you.
> If you got married to the US green card holder before her application
> was approved, you could get your EAD. In this case, you file your
> permanent residence application as an extension of hers.
