I485 denied.

[joesteadman1 3]

Sorry for no replies today. It hasn't been a very good day.

I've called and they won't give me any information.

I'm going to wait for the letter then see a lawyer and what I can do.

I managed to confirm that they are sending it to the correct address, but that was hard work getting that info

[Macarena 6]

About stopping to work, do not stop working. The advice you were given about stopping is not correct. Not sure why people do this. Technically yes but you don't have to. You can continue working until the EAD expires. Do not stop unless the employer asks you or incase the USCIS notifies employer. Wait for the letter and go over it with your lawyers. My I-751 was denied but I still continued working three years after. Refiled though and it was approved. No panic at this time. Just wait for letter.

[ChasUno 101]

About stopping to work, do not stop working. The advice you were given about stopping is not correct. Not sure why people do this. Technically yes but you don't have to.

Working after a denied permanent residency application is an offense. If caught, it can seriously damage your chances of successfully re-applying. The key issue is "if caught". Many continue to work and don't get caught and are fine. Those that do get caught can end up with many problems when trying to re-apply.

The EAD is part of the I-485 process (if you file concurrently), therefore if the I-485 is denied, then the EAD is automatically invalidated too. The EAD is issued for applicants waiting for a decision on an I-485 - it is linked with the I-485 application. If you continue to work after a denied I-485/ EAD you are committing an offence - you are working without a valid work permit. If caught, this can go seriously against you when re-applying for permanent residence or any other type of US visa.

However, if you re-apply for another I-485 immediately after a denial (which you can do), then you can re-apply for another EAD/ AP card.

It may be best to temporarily stop working until you've reapplied for the I-485. Or better still, spoken with an immigration attorney and get professional advice on what course of action you should now take and where you stand legally.

[Jojo92122 1,924]

About stopping to work, do not stop working. The advice you were given about stopping is not correct. Not sure why people do this. Technically yes but you don't have to. You can continue working until the EAD expires. Do not stop unless the employer asks you or incase the USCIS notifies employer. Wait for the letter and go over it with your lawyers. My I-751 was denied but I still continued working three years after. Refiled though and it was approved. No panic at this time. Just wait for letter.

Your advice is wrong.

Once the AOS case is denied, the EAD becomes invalid. It doesn't matter what the expiration date is.

OP - you would be wise to ignore this advice. Google "working on EAD after AOS denied."

[Harpa Timsah 13,258]

Sorry for no replies today. It hasn't been a very good day.

I've called and they won't give me any information.

I'm going to wait for the letter then see a lawyer and what I can do.

I managed to confirm that they are sending it to the correct address, but that was hard work getting that info

If they won't tell you it's a missed interview, then it probably is failure to properly respond to RFE. When you refile put what you are sending on here to make sure it's right.

[Macarena 6]

Working after a denied permanent residency application is an offense. If caught, it can seriously damage your chances of successfully re-applying. The key issue is "if caught". Many continue to work and don't get caught and are fine. Those that do get caught can end up with many problems when trying to re-apply.

The EAD is part of the I-485 process (if you file concurrently), therefore if the I-485 is denied, then the EAD is automatically invalidated too. The EAD is issued for applicants waiting for a decision on an I-485 - it is linked with the I-485 application. If you continue to work after a denied I-485/ EAD you are committing an offence - you are working without a valid work permit. If caught, this can go seriously against you when re-applying for permanent residence or any other type of US visa.

However, if you re-apply for another I-485 immediately after a denial (which you can do), then you can re-apply for another EAD/ AP card.

It may be best to temporarily stop working until you've reapplied for the I-485. Or better still, spoken with an immigration attorney and get professional advice on what course of action you should now take and where you stand legally.

Wait a minute. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.

Your advice is wrong.

Once the AOS case is denied, the EAD becomes invalid. It doesn't matter what the expiration date is.

OP - you would be wise to ignore this advice. Google "working on EAD after AOS denied."

Your opinion. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.

[EM_Vandaveer 2,408]

It's true that OP is not authorized to work at the moment but it's also true that working illegally is forgiven for spouses of USCs (same as overstay) as long as there is no false claim to US citizenship (which in this case there would not be, given that OP started to work on an EAD and USCs cannot have an EAD).

[Jojo92122 1,924]

Wait a minute. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.

Your opinion. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.

Working ILLEGALLY?

It is his choice, but by no means is it okay. By your own words, you know that you are advising the OP to work illegally.

[ChasUno 101]

Wait a minute. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.

Your opinion. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.

Read what I posted again.

"If caught (working illegally), this can go seriously against you when re-applying for permanent residence or any other type of US visa.

However, if you re-apply for another I-485 immediately after a denial (which you can do), then you can re-apply for another EAD/ AP card."

I am in no way insinuating that an applicant cannot be subsequently approved for an I-485 if they have been working illegally. I'm stating that by breaching immigration/ employment laws and regulations, you can cause future problems for when you reapply. By reading through this forum of all the experiences of people going through the I-485 process, one wrong step, one wrong statement or forgetting to include one important piece of supporting document can lead to RFE's and in some cases, a denial.

Furthermore, I stated:

"It may be best to temporarily stop working until you've reapplied for the I-485. Or better still, spoken with an immigration attorney and get professional advice on what course of action you should now take and where you stand legally."

US immigration can be a minefield, and USCIS can be inconsistent with their workings. As such, it is ALWAYS best to keep on the side of the law/ rules/ regulations to enable the immigration process to go smoothly. That's why I advised the OP to temporarily stop working until they reapplied for the I-485, OR until they've spoken with an immigration attorney to get professional advice. Advising someone to continue working illegally, whether down to a technicality or not, is bad advice. And just because it worked in your case doesn't mean it will work in someone else's.

Just for further reading:

"When an individual receives an Employment Authorization Document (EAD) in connection with the filing of an application to adjust status in the United States, the EAD card that the individual receives will indicate that it’s valid for a period of 1 or 2 years.

If the individual’s I-485 is subsequently denied, the EAD card automatically terminates. However, many people are confused by the fact that the card, in the records of USCIS has been terminated, but is not taken away from them. They think that they can continue to work on the card until it expires. This is not correct. In fact, the EAD card is cancelled and their employment authorization is cancelled on the day that the decision is issued denying the I-485.

Many people don’t realize this and they continue to work in the US beyond that date and are technically working in violation of US immigration law because they no longer have employment authorization."

http://hammondlawgroup.com/healthcareblog/2015/06/17/how-long-can-i-work-on-my-ead-after-my-i-485-is-denied/

Edited October 9, 2016 by ChasUno

[EM_Vandaveer 2,408]

Overstaying is also a breach of immigration laws and is never advised. However, just like working illegally (without a false claim to US citizenship) it is forgiven to a spouse of USC and in no way does it cause any problems, delays, RFEs or denial of I-485.

[ChasUno 101]

Overstaying is also a breach of immigration laws and is never advised. However, just like working illegally (without a false claim to US citizenship) it is forgiven to a spouse of USC and in no way does it cause any problems, delays, RFEs or denial of I-485.

You need to link to reputable sources/ web links showing that a spouse of a USC is "Forgiven" for working illegally. Also remember that this is in conjunction with ALREADY being denied an I-485.

I linked to an immigration lawyer's website, which contradicts what you are saying. Can you link to somewhere that substantiates what you are claiming?

It is always advisable to keep on the correct side of all immigration laws, rules and regulations to ensure a smooth immigration process. Breaching them CAN cause issues down the line. If that's the risk someone wants to take, then that's up to them. It's also worth remembering that every case is different. We don't know why the OP's I-485 was denied. It might be something simple, it could be something more serious. If it's a complicated issue, it's always best to not do anything that could potentially be brought up against a further application at a later date. And just because a non USC marries a USC does not guarantee that they will get permanent residence when it's applied for.

The USCIS is inconsistent and unpredictable. Don't give them any extra reasons for making your application process more difficult.

[EM_Vandaveer 2,408]

It's common knowledge on this website that working illegally (without a false claim to US citizenship) as well as overstaying is forgiven to a spouse of USC during AOS.

OP will re-file AOS, I'm not saying OP should work but these warnings of it "you can cause future problems for when you reapply" are simply false.

Another user recounted their own experience in which he or she continued working after an I-485 denial, recorded this fact on the new application and encountered ZERO problems.

IF OP decides (for example, based on financial need) to continue working (and I don't advise this, ideally OP would apply for a new EAD with the AOS and expedite it) as long as OP discloses this fact on the biographic information form, it will not cause any problems.

On this website lawyers answer users' questions, they all (with one exception, there is always a bad apple LOL) agree on this point.

http://www.lawqa.com/qa/should-i-go-to-an-i485-interview-if-ive-been-working-wihtuot-authorization

Edited October 9, 2016 by EM_Vandaveer

[ChasUno 101]

It's common knowledge on this website that working illegally (without a false claim to US citizenship) as well as overstaying is forgiven to a spouse of USC during AOS.

OP will re-file AOS, I'm not saying OP should work but these warnings of it "you can cause future problems for when you reapply" are simply false.

Another user recounted their own experience in which he or she continued working after an I-485 denial, recorded this fact on the new application and encountered ZERO problems.

IF OP decides (for example, based on financial need) to continue working (and I don't advise this, ideally OP would apply for a new EAD with the AOS and expedite it) as long as OP discloses this fact on the biographic information form, it will not cause any problems.

On this website lawyers answer users' questions, they all (with one exception, there is always a bad apple LOL) agree on this point.

http://www.lawqa.com/qa/should-i-go-to-an-i485-interview-if-ive-been-working-wihtuot-authorization

Thank you for the link, which does indeed back up your claim. However, there were many advising legal advice/ representation on this issue. i.e.

"The Law Offices of Kristy Qiu | Mengjun Qiu

"Procedurally speaking yes, any wrikle in your past regarding legality in the US, including working without a permit, will delay or cause your petition be denied. It depends on whether the interviewing officer wants to pursue your case further"

Then lawyers on this website state something similar:

https://www.avvo.com/legal-answers/my-i-485-has-been-denied-while-my-work-authorizati-1147597.html

I agree that if the OP refiles their I-485 immediately (and expedites the EAD), then continuing to work should not be an issue. The problem still being, we don't know as yet WHY the OP's I-485 was denied. Hence the OP should either refile immediately and/ or seek the services of an immigration lawyer to establish the best course of action to take once the denial letter and reasons have been received. Just assuming that all I-485 applications will be dealt with in the same way by USCIS is a mistake, and as far as procedures are concerned I personally have had USCIS NOT follow their own guidelines during my I-485 application, despite me following the application process exactly as they required.

"IF OP decides (for example, based on financial need) to continue working (and I don't advise this, ideally OP would apply for a new EAD with the AOS and expedite it) as long as OP discloses this fact on the biographic information form, it will not cause any problems."

One thing we both agree on is that the OP should avoid working until they apply for a new EAD with a new AOS/ I-485 and expedite it. Hopefully the OP will do that ASAP and then they won't be in this awkward position.

Edited October 9, 2016 by ChasUno

[EM_Vandaveer 2,408]

Lawyers advising people to seek legal counsel is hardly surprising. That's how they make money and there is nothing wrong with that.

If someone asked a lawyer if they should seek legal advice even in a very straightforward AOS case, the lawyer would most likely say yes.

We know OP is adjusting from K-1. Of course neither of us is advising OP to work illegally, but you keep saying that if OP does do it then it may cause problems with the new I-485. As long as it's declared to USCIS it causing problems would NOT happen.

Some lawyers give out simply false information because they don't actually know better and Kristy Qiu is one of those, apparently.

Edited October 9, 2016 by EM_Vandaveer

[Macarena 6]

EM_Vandaveer..You are correct. Working illegally and overstaying is forgiven if you file under section 2016 of the Immigration and Naturalization Act. Don't forget that we fill in the forms as to where we work even as we are applying for the I-485. I do not know about other sections though but this I am pretty sure about it. Working illegally or overstaying is automatically wiped out upon filing I-485 under section 216 (marriage based). However if you have falsely claimed citizenship at any point, you may very well be denied.

Edited October 12, 2016 by Macarena