Does the i-130 need to be approved before EAD and AP?

[Ryan H 3,834]

On ‎3‎/‎11‎/‎2021 at 9:53 AM, KAP2019 said:

This doesn't answer your question, but if he entered the US with the plan to propose and marry and adjust status, that is a big red flag as he entered on a tourist visa with the intent to immigrate. Just a heads-up!

 

Irrelevant, intent is determined by CBP at entry and they granted admission.  The USCIS adjudicator's field manual specifically disallows suspicion of intent alone as the basis for denying AOS and that stems from previous decisions from the Board of Immigration Appeals (BIA).

 

 

16 hours ago, ra0010 said:

The burden will be on him to prove that he didn’t intend to immigrate.

 

Incorrect, the burden would be on government to prove fraud was committed, not the other way around.

[ClaytonandKierra 3]

Thank you for all your responses. I really appreciate. Can he enroll in University here in Texas? He has the equivalent on an associate's degree from Montreal.

[ClaytonandKierra 3]

so when you say travel...you mean he can't travel out of the country, correct? He can travel within the US. I know it's a dumb question-just making sure

[Villanelle 4,122]

2 hours ago, ClaytonandKierra said:

Thank you for all your responses. I really appreciate. Can he enroll in University here in Texas? He has the equivalent on an associate's degree from Montreal.

As I said you need to contact the school and inquire. Technically he should be able to enroll at some point in the process before his GC is issued but the question is can you afford the tuition?? Schools charge a higher rate for those who are not residents of the state and will have a list of requirements on how to prove you are a resident for the lower tuition. He most likely wont have such until he gets his EAD or GC. He also will not qualify for FASFA student aid until he has his GC. So if you can pay for his classes and supplies out of pocket at the higher non state resident level out of pocket - contact the admissions office and inquire how to enroll. Many schools have sufficient info on their websites but if you are unsure contact them, they dont mind, that is their job! 

2 hours ago, ClaytonandKierra said:

so when you say travel...you mean he can't travel out of the country, correct? He can travel within the US. I know it's a dumb question-just making sure

Yes. He can not leave the US. If he does his AOS will be considered abandoned. Once he gets his combo card EAD he can travel freely. 

[Verrou 1,962]

On 3/13/2021 at 9:45 AM, ClaytonandKierra said:

Thanks-

 

Just curious what he is allowed and not allowed to do while waiting for the EAD? Can he enroll in school anywhere? I understand he cannot work. What does everyone do while waiting for EAD and AP? His mom is the main financial support. I work too. We live with her.

he can enroll to certain school.  some will say no some will say yes. so depend on the school if they are strict about immigration status or no

[mam521 2,209]

On 3/14/2021 at 10:47 AM, Villanelle said:

 Technically he should be able to enroll at some point in the process before his GC is issued but the question is can you afford the tuition??  

This would be my concern...you have to pay international tuition rates.  Even Sam Houston State isn't cheap.  UT - probably around $30K.  You may want to explore Canadian remote learning options like Athabasca as it's likely to be cheaper.  

[ClaytonandKierra 3]

thanks