請問8老師:
I. Question about I-765
I am preparing I-765 under the family-based category (US citizen sponsors parents).
1. Is the category I should use in Part 2 Item 27: (c)(9)?
2. I had 2 EADs applied as F-1 students long time ago. This is the first time I am applying for EAD along with I -485, different category as applied years ago under F-1studus. The I-765 instruction said, if it is “initial” application, under (c)(9), it is free. I personally think it is “initial” for EAD application under (c)(9) category because this application of EAD is under different category. But I am not positive. Would this time my EAD application under (c)(9) category treated as “initial” or not?
3. If not initial, I need to pay the fee?
4. Regardless initial or not, do I need to provide copies of previous EADs?
- Question about I-131
A beneficiary is going to file I-485 and I-131 through family-based immigration. Since he came to the US with TN to work in September 2019, and the total time living in the US in 2019 less than 180 days, he filed 2019 tax return based on non-resident alien. Now, would his “NON-resident alien” tax return status will disqualify for him to apply adjustment of status, based on the following excerpts from USCIS I-131 Introduction? Thanks.
Below is from USCIS I-131 Instruction Page 15:
“What If You Claim Nonresident Alien Status on Your Federal Income Tax Return?
If you are an alien who has been admitted as an immigrant or adjusted status to that of an immigrant, and are considering the filing of a nonresident alien tax return or the non-filing of a tax return on the ground that you are a nonresident alien, you should carefully review the consequences of such actions under the INA.
If you file a nonresident alien tax return or do not file a tax return, you may be regarded as having abandoned residence in the United States and as having lost your lawful permanent resident status under the INA. As a consequence, you may be ineligible for a visa or other document for which lawful permanent resident aliens are eligible.
You may also be inadmissible to the United States if you seek admission as a returning resident, and you may become ineligible for adjustment of status as a lawful permanent resident or naturalization on the basis of your original entry.”
