****How long can you stay after EAD expires? Urgent****

[tsunami]

I posted my story a while ago. Here is the link if u guys want to understand how I got into this dilemma
http://immigrate2us.net/forum/showthread.php?p=79781#post79781


Currently i am in Deferred Action Status with an EAD (Employment Authorization Document). They will expire on June 1st 2008. How many more days can I stay in the US after my EAD expires?

Is it 10 days? 30 days? or 60 days? I need an exact number because I don't want to be in illegal status since I will come back to the US in the future.

Can I apply for an extension? If so, how much longer can I stay? What are the document fees and attorney fees?

Thank you very much!

[tsunami]

I forgot to ask another question earlier:

- If I apply for Canada Immigration, will the Canadian gov find out about my US marriage fraud?

[kitkat1]

Your EAD has nothing to do with your legal period of stay. That is determined by the duration of stay on your I-94 or the type of visa you used to enter the country.

[tsunami]

Your EAD has nothing to do with your legal period of stay. That is determined by the duration of stay on your I-94 or the type of visa you used to enter the country.

You misunderstood my situation. I got my I-94 when I came to the US as an F-1 student. But I graduated 3 years ago, and I have been staying in under Deferred Action Status (with EAD).

[kitkat1]

I don't know anything about deferred action status. Regardless of the details of that, your EAD does not determine your authorized length of stay. I imagine it is related to your deferred action status and when THAT expires. The EAD only allows you to work - it doesn't, in any circumstance, determine your authorized, legal, period of stay in the US. I would consult with an attorney or at the bare minimum, try calling the USCIS information line, understanding full well that they often provide incorrect information.

[tsunami]

I don't know anything about deferred action status. Regardless of the details of that, your EAD does not determine your authorized length of stay. I imagine it is related to your deferred action status and when THAT expires. The EAD only allows you to work - it doesn't, in any circumstance, determine your authorized, legal, period of stay in the US. I would consult with an attorney or at the bare minimum, try calling the USCIS information line, understanding full well that they often provide incorrect information.

Thank you very much. I appreciate your post.

[candyfloss]

Currently i am in Deferred Action Status with an EAD (Employment Authorization Document). They will expire on June 1st 2008. How many more days can I stay in the US after my EAD expires?

The response you have received from Kitkat is correct re: the EAD. Further, "deferred action status" does not necessarily give you legal status, it only delays administrative action until the criminal case is concluded. As that status (deferred action) ends on June 1st 2008 then from what I have read so too does your period of stay in the US. After that time afaik you will begin accruing unlawful presence REGARDLESS of your EAD.


As I understand it this is how it works. When you are granted deferred action status ( in this case because you were a material witness to an ongoing criminal investigation) any removal proceedings against you are halted UNTIL the investigation is concluded. Following that you would have to return to your home country and apply for another another visa. You don't accrue unlawful status while in deferral, however once the case is concluded and with it your deferred action status expires, THEN you will start to.

As to what other forms of relief ( if any ) are available to you in-country then I have no idea- hopefully others with more experience will offer their advice :)

[tsunami]

The response you have received from Kitkat is correct re: the EAD. Further, "deferred action status" does not necessarily give you legal status, it only delays administrative action until the criminal case is concluded. As that status (deferred action) ends on June 1st 2008 then from what I have read so too does your period of stay in the US. After that time afaik you will begin accruing unlawful presence REGARDLESS of your EAD.


As I understand it this is how it works. When you are granted deferred action status ( in this case because you were a material witness to an ongoing criminal investigation) any removal proceedings against you are halted UNTIL the investigation is concluded. Following that you would have to return to your home country and apply for another another visa. You don't accrue unlawful status while in deferral, however once the case is concluded and with it your deferred action status expires, THEN you will start to.

As to what other forms of relief ( if any ) are available to you in-country then I have no idea- hopefully others with more experience will offer their advice :)

I agree with you completely. Do you happen to know how many days can I stay after Deferred Action Status/EAD expires? 10 days maybe?