1. My mother is a U.S. citizen
So can my wife file for me even if my mother petition has been approved?
Mr. Lee answers:
Your wife can file for you even if your mother’s petition is been approved. We have had cases in the past in which individuals have been applied for or applied for permanent residence through multiple paths.
2. Can a Person With a Withholding of Removal Buy a House?
Can people with such status get loans from banks to help buy a house?
Mr. Lee answers:
Banks are private institutions and what they do with regard to their rules of lending is generally up to them. Withholding of removal allows an individual to remain in the US as long as there is continued fear of persecution from the home country. As there is likely to be a long period of time during which individuals can stay in the US with work authorization, the choice of whether to take the risk of lending to such individuals is up to the institutions. There is no law of which I am aware precluding them from lending to such people.
3. Will I Still Be Able to Work on My EAD?
I graduated with my bachelors and started my OPT (EAD card in hand). I got married to a US citizen in 9/2017, left my job in 10/2017 and have been unemployed ever since. It is now 6/2018 and I am in the process of filing for my green I have a few concerns that have me in a panic: 1. My EAD card is valid until July 2018 (it is stated on the card) can I still use it to work even though I have been unemployed for almost 4 months and well over the time limit? If I do use it to work, will that affect my filing process? 2. Even though I am married to a US citizen with all the documents and evidence to prove it, will my violation of my opt status affect my filing? 3. If there a way I can work on my EAD card without immigration finding out?
Mr. Lee answers:
Marriage to a US citizen in a bona fide marital relationship excuses unauthorized employment. Your present EAD is connected with your OPT and it is technically invalid now that you have been unemployed for over 90 days. However, the fact that you will undoubtedly be adjusting status to permanent residence in the US based upon marriage to a US citizen erases that for the most part as a concern to an adjudicating immigration officer. Whether you work on the EAD or without authorization at this point would likely make no difference in your case.
