What happens to your Employment Authorization Document (EAD) if your I-485 is denied?

Having your I-485 application denied can be a stressful experience, especially when it comes to your Employment Authorization Document (EAD). What should you know about the status of your EAD in this situation?

Answer:

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If your I-485 (Application to Register Permanent Residence or Adjust Status) is denied, it can have profound implications for your Employment Authorization Document (EAD). Understanding these consequences is crucial for effectively managing your immigration status and employment rights. Below is a comprehensive overview of what you need to know regarding the denial of your I-485 application and its impact on your EAD:

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  1. Immediate Termination of EAD: Upon the denial of your I-485 application, your EAD is typically rendered invalid. This is because the EAD is directly linked to the pending status of your I-485 application. As a result, you will lose your work authorization immediately upon receiving the denial notice. It is essential to be aware of this to avoid any unintended violations of immigration laws.
  2. Formal Notification of Denial: After your I-485 application is denied, you will receive a formal notification from USCIS. This document will detail the specific reasons for the denial and confirm the invalidation of your EAD. Carefully reviewing this notice is crucial, as it may provide insights into potential remedies, such as the possibility of filing an appeal or motion to reopen your case.
  3. Cease Employment Immediately: It is imperative that you stop working immediately upon receiving the denial notice, as your EAD is no longer valid. Continuing to work without valid authorization can lead to severe legal repercussions, including potential bars to future immigration benefits and complications in any future applications.
  4. Options for Appeal or Motion: If you believe that the denial was unjust, you have the right to file an appeal or a motion to reopen or reconsider the decision. Engaging an experienced immigration attorney can be invaluable during this process. They can help you navigate the complexities of immigration law, assess the merits of your case, and potentially assist in reinstating your EAD if the appeal is successful.
  5. Alternative Work Authorization: If you currently hold another valid non-immigrant status, such as an H-1B or L-1 visa, you may still be authorized to work under that status. It is crucial to communicate your current immigration status to your employer to ensure compliance with immigration laws and to avoid any potential issues that may arise from working without proper authorization.
  6. Reapplication for Adjustment of Status: You may be eligible to reapply for adjustment of status by submitting a new I-485 application. This process will require you to pay the necessary fees and provide supporting documentation. When reapplying, you can also submit a new application for an EAD, which will allow you to regain work authorization while your new application is pending. It is important to ensure that your new application addresses any issues that led to the initial denial.
  7. Seek Professional Legal Advice: The aftermath of an I-485 denial can be complex and overwhelming. Consulting with an immigration attorney is essential to explore your options and determine the best course of action. They can provide tailored advice based on your unique circumstances, help you understand your rights, and guide you through the legal landscape effectively. Their expertise can be crucial in helping you navigate the next steps in your immigration journey.

For comprehensive guidance and professional legal representation, click here. Ensure you have the necessary support and expertise to manage your employment authorization and immigration status effectively.

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