Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  

EAD Compelling Circumstances

Recommended Posts

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?

Share this post

Link to post

"" 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.

Share this post

Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this