回複:removal order

回答: removal orderconway2012-12-02 21:32:21

My friend got a removal order in 2005. Now he is married to a US citizen and filed I-485 and I-765. He did not applied for I-212 waiver. But he got EAD yesterday. Does this mean that his removal order has been automatically cancelled?

-Not at all.

If not, how could the US government grants him a right to work here while it still wants to deport him? Is this not a self-contradiction?

-The EAD is based on the I-485 and as long as USCIS does not deny the I-485 yet, they will approve EAD application (irrelevant to the deportation). If the I-485 is denied later, the approved EAD will be also invalid.

Does he still need to file I-212 waiver?

-Yes. USCIS will deny his I-485 later if he does not provide the waiver for the removal proceedings.

Thanks for your advices.

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