For F1 visa holders, marriage to a U.S. citizen opens them a new avenue for staying in the country, but it also comes with many difficult choices.  Whether to continue using the Employment Authorization (EAD) in a green card application or to maintain F1 status is one important concern.  The hitch is that students are expected to return home after finishing their studies because the F1 visa is not a "dual intent" visa.  An F1 student's F1 status automatically ends if they apply for a green card and start utilizing the EAD. This might not seem like a big deal—until unanticipated delays occur during the green card application process.
 
Processing periods for green cards are now unknown.  Green cards could take a year or more, while EAD approvals are coming in three to four months.  The pupil will lose their legal status and be unable to return to Formula One if the procedure is unsuccessful.  This decision is even more dangerous for kids on Day 1 CPT.  Dropping out after receiving the EAD could raise concerns because some students enroll in these courses merely to maintain their status.  The process could become even more complicated if an officer asks the student why they left their degree program in the middle of their studies during the green card interview.
 
Playing it "safe" with these unknowns means remaining in F1 status until the green card is granted rather than pursuing the EAD.  This acts as a buffer in the event that the green card application is delayed or encounters issues.  However, it also entails continuing to pay for education, which might not be prudent financially.  On the other hand, using the EAD provides instant authorization to work, which promotes stability and financial relief.  However, after giving up their visa status, F1 students are left to rely only on the uncertain green card application procedure.
 
Every situation is different, so what works for one person might work for another.  Before making a choice, it is crucial to carefully weigh the risks and assess the long-term consequences.
 
 
 
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G GOWTHAM

26/03/2025 10:59 AM