VWP Overstay and EAD

[SOflaherty 40]

So we are thisclose to having my husband's AOS done, interview is scheduled for the end of next month. His EAD just came in the mail, and I'm curious where that puts him as far as working, as he overstayed the VWP 2 years before we were able to file. It seems like it would be obvious as the EAD gives permission to work, but I'm not sure if that's affected by the fact that he doesn't have a non-expired I-94?

Thanks, probably is a ridiculously stupid question, but if there's one thing I know about immigration, it's 'assume NOTHING'.

[grrrrreat 109]

So we are thisclose to having my husband's AOS done, interview is scheduled for the end of next month. His EAD just came in the mail, and I'm curious where that puts him as far as working, as he overstayed the VWP 2 years before we were able to file. It seems like it would be obvious as the EAD gives permission to work, but I'm not sure if that's affected by the fact that he doesn't have a non-expired I-94?

Thanks, probably is a ridiculously stupid question, but if there's one thing I know about immigration, it's 'assume NOTHING'.

He can work! Overstay has nothing to do with it. He just needs to take his EAD to the Social Security office and get an SSN. As a VWP citizen, his passport is proof of status (albeit expired), and he wouldn't have gotten an I-94.

When his adjustment is done, he should take his Green Card back to the SS office to get his record updated to LPR. He should also update his employer and show them his GC, because LPRs have to pay certain taxes that non-LPRs don't.

Edited June 25, 2012 by grrrrreat

[SOflaherty 40]

He can work! Overstay has nothing to do with it. He just needs to take his EAD to the Social Security office and get an SSN. As a VWP citizen, his passport is proof of status (albeit expired), and he wouldn't have gotten an I-94.

Actually he does have one, he came over right before they went fully electronic Great to know though, thanks!!!!

[grrrrreat 109]

Actually he does have one, he came over right before they went fully electronic Great to know though, thanks!!!!

Okay he should bring that then! They probably won't ask for it though. Being lawfully present or not isn't the same as having authorization to work, as demonstrated by the decision to let DREAMers start working.

Edited June 25, 2012 by grrrrreat

[Harpa Timsah 13,258]

Actually, at the SSA, I wouldn't confuse the people with any talk about I-94 or I-94Ws. Your husband is eligible for an SSN based on the EAD, so don't try to let them get confused (a bit brain dead over at SSA) and tell you his expired I-94W makes him ineligible. He is eligible to work with EAD, and he needs SSN to take out taxes.

[SOflaherty 40]

Actually, at the SSA, I wouldn't confuse the people with any talk about I-94 or I-94Ws. Your husband is eligible for an SSN based on the EAD, so don't try to let them get confused (a bit brain dead over at SSA) and tell you his expired I-94W makes him ineligible. He is eligible to work with EAD, and he needs SSN to take out taxes.

Wasn't planning to mention it, but will make sure he leaves the I-94 at home. I believe you about the braindead part, we are in AL so I deal with that daily

[grrrrreat 109]

Actually, at the SSA, I wouldn't confuse the people with any talk about I-94 or I-94Ws. Your husband is eligible for an SSN based on the EAD, so don't try to let them get confused (a bit brain dead over at SSA) and tell you his expired I-94W makes him ineligible. He is eligible to work with EAD, and he needs SSN to take out taxes.

This is better advice. I might take the I-94 with me but leave it in my back pocket. But yes, the EAD is sufficient.

[Harpa Timsah 13,258]

Wasn't planning to mention it, but will make sure he leaves the I-94 at home. I believe you about the braindead part, we are in AL so I deal with that daily

AL - What a burn!

Edited June 25, 2012 by Harpa Timsah

[SOflaherty 40]

Ok, last dumb question, what does he tick off for question 5 on the application form? The options are either US Citizen(no!), Legal alien allowed to work(? but again, overstay...), Legal alien not allowed to work(no) or Other. Almost want to say other, but not sure?

[grrrrreat 109]

Ok, last dumb question, what does he tick off for question 5 on the application form? The options are either US Citizen(no!), Legal alien allowed to work(? but again, overstay...), Legal alien not allowed to work(no) or Other. Almost want to say other, but not sure?

Legal alien allowed to work. Not sure why you think he is an illegal alien! When he filed the adjustment application, the attorney general granted him lawful presence until it's adjudicated.

Edited June 25, 2012 by grrrrreat

[SOflaherty 40]

Legal alien allowed to work. Not sure why you think he is an illegal alien! When he filed the adjustment application, the attorney general granted him lawful presence until it's adjudicated.

I wish someone would tell DMV that! We got his SS application filed no issue this morning, but DMV says not a chance until he gets his approval letter.

[Hypnos 6,578]

Typically you don't need a SSN for a state photo ID card, but for driver's licences they are usually a requirement (in most states, it will vary from state to state though).