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Immigration Issues/status while applying for GC

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Question
I am currently applying for Green Card through marriage with a US citizen. My application was received by USCIS and Notice of Action for I485, I765, and I131 were sent to me dated 2/12/08. I've completed biometrics on 3/4/08. Request for Initial Evidence was sent to me, so sent them back some documents on 3/19/08.

I am on OPT status, which expires on 5/20/08. I still have not received EAD yet through GC application, and worried that it might not arrive even after 60 days of grace period after 5/20/08. I am unclear whether if my status here is based on my OPT status or pending GC application status.

While applying for GC, am I allowed to stay in US without being illegal? (I know I've applied for advanced parole to be allowed to be out of the country, so this is confusing).
Thank you.

Answer
Miki,
Relax.  As long as you have an I-485 pending you are still in a period of lawful stay and will not be sent out of the country as you are adjustment pending.  EAD cards take usually one to two months to process.  Sometimes a little more if the right paperwork is not submitted correctly.  I feel that you should receive your EAD card soon.
Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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