What to do while waiting for the EAD?

[mushroomspore 3,044]

39 minutes ago, Chris&Ale said:

Here in South Florida, I have several friends who have been waiting for over 15 months (married USCs while here legally). Local USCIS offices have said it could take up to 22 months in our area for AOS interview. Seems that is happening in other urban areas with large immigrant populations. Ugh...

Yup yup, it's taking a looooong time these days. A classmate of mine who also still lives in LA managed to get her AoS done in 8 months last year. However she made it clear she was just very lucky. I thought ours would be done in 10-12 months. But it will be more like 14 since our interview is in early October. Gah! Still think CR1 is the way to go for couples who are trying to figure out what to do.

[Pennycat 880]

1 hour ago, Chris&Ale said:

I don't really think it's appropriate of you to question my sincerity with no proof of your own. I was simply offering some advice to be cautious in this current heightened immigration environment. There are indeed regulations around volunteering for profit and non-profit organizations, especially if the volunteer would perform work that might otherwise take work away from a citizen or someone else with authorization to work in this country.  The original poster also mentioned the beneficiary helping a friend with some work projects as well.  I would rather err on the side of caution than perhaps create a situation that might open myself or my beneficiary to complications when we go for the AOS interview. 

 

What would happen if the interviewer asked the beneficiary if he had performed work and the response was that he had volunteered somewhere. The next few questions might be around what exact volunteer work did the person perform? Did the volunteer work take away from an American/LPR working at the organization? Did you receive any benefit from this volunteer work? Do you expect to receive any future benefit? Can you provide a letter stating XXX from the organization? 

 

If you get the wrong interviewer or someone who is having a bad day, it could cause potential issues. I know i wouldn't want to risk the possible scrutiny. 

 

A few of the USCIS regs surrounding volunteer work and EAD: 

 

89-05 Immigration Briefings 1

95-05 Immigration Briefings 1

And I don't think it is appropriate for you to claim that people have been deported over volunteer work without anything to back that up. It is my lived experience, as I said, being told by a consular officer, that a true volunteer position at a non-proft is fine. It is also my knowledge that what I said about not fake volunteering is both true and simply boiling down those two regulations you posted (an attorney's explanation quoted below)

 

So, you have still not backed up your claim that people have been deported over volunteerism. And your proof of your argument, is actually proof of mine. I cannot help but conclude that you are either uninformed or fear mongering for fun.

 

"USCIS has stated that: “if any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.” (89-05 Immigr. Briefings 1).

Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work.

The ultimate question in most volunteer cases will be: What did the alien expect in return?

If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1).

Many community-based and student based organizations offer opportunities for volunteering.

As long as no compensation is involved, and the opportunity is officially advertised as a volunteer position, the foreign national may participate."

 

[Ketsuban 1,034]

I definitely recommend the CR-1. Once you have it, you fly over, become an LPR right away and then the next time you have to interact with USCIS (unless issues come up with your 2 year green card being delivered or anything else outside of the ordinary) will be when it's time to remove conditions. I don't regret going that way at all.

[Chris&Ale 153]

Does anyone know by chance if taking classes or enrolling in a local college or university is allowed while waiting for work authorization?

[Sarah&Facundo 595]

3 hours ago, hispany said:

You should be aware that you will be considered a foreign student and will have to pay out-of-state fees, which are hefty...

Not necessarily. We haven't even received the EAD yet and my husband is in community college at in-state rates.

[hispany 23]

Just now, Sarah&Facundo said:

Not necessarily. We haven't even received the EAD yet and my husband is in community college at in-state rates.

That's because you aren't in California.

[Sarah&Facundo 595]

13 minutes ago, Chris&Ale said:

Does anyone know by chance if taking classes or enrolling in a local college or university is allowed while waiting for work authorization?

Yes, my husband is in community college. He moved here in the spring and began with the summer semester. He is enrolled full time this fall and begins that semester next week. 

[TM92 527]

3 hours ago, Sarah&Facundo said:

Not necessarily. We haven't even received the EAD yet and my husband is in community college at in-state rates.

OP's fiance lives in California. California is very strict with state residency for tuition purposes; see links below for example (or Google "california tuition residency requirements").

https://www.ucop.edu/residency/residency-requirements.html

https://www.ucop.edu/residency/establishing-residency.html

[ClickityClackity 134]

14 hours ago, hispany said:

You should be aware that you will be considered a foreign student and will have to pay out-of-state fees, which are hefty...

I am aware of that... But it's pretty much the only downtime I'm going to have until I get the EAD.