new USCIS teleconference July 9th - Page 4

I believe that as long as youre an overstay, adjusting status through marrige doesn't require you to go back to your country. I dont know about EWI's and i dont think EAD will really change anything.

It has been said many times before that EAD IS NOT legal status. You are still illegal, but you are just not priority to get deported and as a bonus, you get work permit.

^^

I understand this completely, but I'm just a bit confused about the "going home aftery marrying a USC" part...which sounded like how it would be to all of us who are going to avail the EAD. Supposed having EAD does not change anything about our status, then I would understand that this process wouldn't change for EWI. But what about the overstayers? Will the process suddenly change for them just because of they availed the EAD? Maybe I'm just misunderstanding it, but I'm just wondering because that's what it sounded like in the quotes.

^If you are an overstay you should still be able to adjust your status without leaving. EAD doesn't change that.

Is anyone from the site planning on making a call? what will you be asking?

What do you mean it is not legal status? I thought we would be considered legal for 2 years.. So it wouldnt be safe to go to Puerto Rico? I mean it is an US territory and with EAD we are allowed to work in the US. So i am guessing it should be ok? Im confused now

This is not specific to our case. But since the laws have not changed. This will not change either.



Q4. If I receive this card, does that guarantee my re-entry into the United States if I travel?
A4. No. This card authorizes parole, not admission, to the U.S. Parole is not an admission or "entry". If you obtain this card, you may use it to travel abroad and return to the U.S. Upon arriving at a port-of-entry, you should present the card to a Customs and Border Protection (CBP) Officer to request parole. Issuance of an Advance Parole document does not guarantee that CBP will parole you into the U.S. If parole is granted, you will be permitted to come into the U.S. as a parolee, but will not have been 'admitted". Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.



http://www.uscis.gov/portal/site/usc...004718190aRCRD

^This.

We need to know more about the EAD, what are the likely fees, travel, etc.

Traditionally:
Economic Necessity – Applicants for deferred action [8 C.F.R. 274a.12(c)(14), 1274a.12(c)(14)]…must establish economic necessity to obtain employment authorization. The poverty guidelines are used as the basic criteria and the applicant must submit a list of assets, income, and expenses. 8 C.F.R. 274a.12(d), 274a.13(a)(1), 1274a.12(d), 1274a.13(a)(1)

Kurzban's, Immigration Law Sourcebook, 11 Ed.

With that said, the new deferred action process may bring more relaxed standards.

If a person EWI, they are required to return to their country of citizenship, even if they marry a USC, before adjusting their statuts. If you overstayed, i.e. entered with inspection, you are not required to return, regardless of whether you get an EAD through this new deferred action process.