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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24580
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi, Im currently on a TN work visa, I have married an american

Resolved Question:

Hi, Im currently on a TN work visa, I have married an american and applied for my green card. I had my biometrics appointment on August 30,2013, and the status has still not changed. I do not know when I will be getting an EAD. My current employment will be terminating mid october. I have another work opportunity available, however, I cannot apply for another TN visa since I have applied for my green card. So now Im stuck and do not know what to do??? PLEASE HELP.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

You need to send a letter to the address on your I-765 receipt and request that they expedite clearance and production of your EAD.

Generally the EAD card is produced within 90 days of filing or 30-45 days of having your bioimetrics done.

You are in a period of stay authorized by the attorney general from the time you filed the I-485. Therefore, you may lawfully remain in the US while awaiting your adjustment of status, even after termination of your TN employment status.

I cannot tell you it is "OK" to work without your EAD. I can tell you that doing so will n make you ineligible to adjust status.

Judith

Customer: replied 1 year ago.

Hi, your last sentence read: "I cannot tell you it is "OK" to work without your EAD. I can tell you that doing so will n make you ineligible to adjust status.", did you mean to say " will NOT ".


 


also, since I would be potentially working as an independent contractor, how would USCIS figure out my employment? will it be asked during my green card interview?

Expert:  Judith replied 1 year ago.

My apologies, Yes "will NOT"

 

No, USCIS wouldn't figure out you were working as an independent contractor but they may ask at the interview if you are still with the TN employer and that may lead to a question about where you are working currently. You should not lie because as I said, marriage to a US citizen is an exception that does not make you ineligible to adjust for violating the law and working unlawfully. I have clients who have been here unlawfully for 20 years working without authorization who marry US citizens and adjust.

That is an exception built into the law.

 

Judith

Customer: replied 1 year ago.

i have read online that I can get in touch with the immigration services ombudsman, do you think that will help to expedite my EAD?

Expert:  Judith replied 1 year ago.

That office is the biggest joke in the immigration service. I have found them to be totally useless since inception!

Judith

Customer: replied 1 year ago.

You have been the first straight to the point and honest lawyer I have worked with. The reality is that Im going to have to take this new job offer mid october whether my EAD has arrived or not. I know as a lawyer you cannot advise me to do such thing, I just wanted to know how likely it is for USCIS to find out, and if they do, what the consequences would be.

Expert:  Judith replied 1 year ago.

No consequences as I said above.

USCIS would only find out through you. If you are asked at the interview if you are working you must tell the truth. But there are no consequences for the unlawful employment. If you lie and get caught, then it is huge consequences - you could be inadmissible for life.

And thank you for the compliment. After 34 years of doing this, I can only be honest.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24580
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and other Immigration Law Specialists are ready to help you

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