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Posted

Hi

 

 

I am an international student married to a US citizen and waiting for my interview date. But I have been issued an EAD since March 2022 and advance parole in October 2022.  I am still in F1 status since I have not used the EAD, but now I want to use my EAD because I have an internship/Co-op position I need to purse before graduation. I was told if I work with my card, I won't be on F1 and will face consequences that might relate to my green card application for being out of status while awaiting green card. my EAD says I do not have any restrictions on it. 

 

What would you advise me to do?

 

Thank you as you provide answers for me.

 

Posted
13 hours ago, OldUser said:

Depends on your risk tolerance.

If you work and your I-130 and I-485 petitions are approved, there's no problem as any out of status or unauthorized work is forgiven when married to US citizen.

However, if they deny you... Then it becomes a problem.

okay. Thank you. what kind of problem?

Posted
6 minutes ago, Janefrances said:

okay. Thank you. what kind of problem?

If an F-1 student engages in unauthorized employment, he/she is in violation of his/her F-1 visa status. If discovered by an ISO the student’s status would be cancelled and SEVIS will be notified. With a cancelled student status the student is required depart the U.S. or seek reinstatement of status. If the student doesn’t leave or seek reinstatement, he/she starts acquiring unlawful presence which carries a 3 to 10 year bar and is also subject to removal proceedings by ICE. If arrested by ICE he/she gets referred to an immigration court for removal by a judge. Only an immigration judge has the power to issue a removal of an alien already in the U.S. CBP officers on the other hand have the authority to refuse entry to any alien seeking admission at the at the U.S. port of entry and also cancel any visas issued if they believe the alien has previously violated terms of such a visa or will if admitted.

Posted
3 minutes ago, OldUser said:

If an F-1 student engages in unauthorized employment, he/she is in violation of his/her F-1 visa status. If discovered by an ISO the student’s status would be cancelled and SEVIS will be notified. With a cancelled student status the student is required depart the U.S. or seek reinstatement of status. If the student doesn’t leave or seek reinstatement, he/she starts acquiring unlawful presence which carries a 3 to 10 year bar and is also subject to removal proceedings by ICE. If arrested by ICE he/she gets referred to an immigration court for removal by a judge. Only an immigration judge has the power to issue a removal of an alien already in the U.S. CBP officers on the other hand have the authority to refuse entry to any alien seeking admission at the at the U.S. port of entry and also cancel any visas issued if they believe the alien has previously violated terms of such a visa or will if admitted.

ok. Thanks

 
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