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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105638
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm asking this on the behalf of my newly wed wife. She is a

Customer Question

Hi, I'm asking this on the behalf of my newly wed wife. She is a Hong Kong resident & South Korean citizen, I'm a US citizen and we live together in Chicago. She currently is in the USA on an OPT visa (after completing her college degree & masters on an F1 visa).
We got married a couple months ago, but we have held off on applying for marriage visa because we had travel plans for Christmas and NYE and wanted to not have to worry about leaving & reentering the states while the visa was pending.
Right now I am in Singapore for 2 months for work - she was going to come visit me (and her family in HK) early December through NYE. Unfortunately, she lost her Employment Authorization card. She still has her I-20 visa, and a photocopy of the EAD card. Her adviser from school told her she cannot re-enter the USA without her EAD card. Since it takes 3 months for a replacement EAD card, this means that all our travel plans will be canceled and she will not be able to visit her family as well.
Do we have any other options, or is it maybe possible for her to reenter the US with just the I-20 and not the EAD card? Any advice would be greatly appreciated, thank you very much
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

With so little time before her trip, she doesn't have many options. Of course, you would file for her Adjustment of Status but it would take probably 2 to 4 months to get the Advance Parole and EAD. Since that wouldn't work for her to travel when she needs to, then she should file the I-765 to at least get the filing receipt which can take 2 to 6 weeks. She should travel with that, her I-20, a letter from her current employer stating that she has been working since a specific date and has continued to work since that date and will continue to work. She should also take copies of her last few paycheck stubs. That way when she is at the port of entry, she has everything to prove that she has been maintaining legal status.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!