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Ram98765

EAD Compelling Circumstances

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Has anyone applied for EAD compelling circumstances? If the Priority date becomes current when you are in EAD compelling circumstances, can we file AOS from US or should be applying green card through consular processing?

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"" final rule provides a non-exhaustive list of circumstances that DHS may consider to be “compelling”:

  1. Serious illness or disability faced by the nonimmigrant worker or his or her dependent;
  2. Employer retaliation against the nonimmigrant worker;
  3. Other substantial harm to the applicant; and
  4. Significant disruption to the employer.""

" these individuals will generally not accrue unlawful presence during the validity period of the EAD, but they will no longer be able to adjust their status to Lawful Permanent Resident while present in the U.S.  As a result, the applicant will need to depart the U.S. and obtain an immigrant visa through consular processing, "

 

I am very confident that the OP used a Lawyer to file for the EAD and he should ask the lawyer for clarification.

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