I applied for an I-130 since 1995 and applied for an EAD (I-485/I-765) back in 2005, got my EAD valid for one year and worked for that year in the US (I crossed the border every day to go to work using my tourist visa, and returned to my country, I was told by my lawyer that this was ok, which later I found out wasnt), after that year my attorney could not renew my EAD -we tried four times and I never got a renewed one-, so I stopped applying for the EAD.
After all these EAD denials I did some research to see why and found a lot of violations that I incurred -which I was not aware of-, like crossing the border everyday to go to work. Im sure thats why they did not renewed my EAD after that. Now I know that my "attorney" scammed me along other people, Ill place a lawsuit as soon as I can.
I did not work after my EAD expired.
I went to talk to another attorney to ask him if my I-130 process was affected in some way due to the denials of the EAD and he told me that I can get a ban of 5 to 20 years because I was not supposed to leave the country after my biometrics where taken, but as far as I know -Im not an expert- what happened or can happen is that the I-485 was or is void. he also told me that I need to place a lawsuit to leave a record and to let them know that I did not know that I was breaking the law.
My priority date will change because my father became a US Citizen and probably Ill go to my Green Card appointment in 2-3 years from now, but Im afraid that I get banned because of what the attorney told me. I do not know if one process can affect another one (I-765/I-130)
My new attorney requested a complete file of my process to see how "damaged" is it and to see how we can fix it.
Any comment will be highly appreciated.
Thank you.
Suing the lawyer will not help your immigration case. As for ban, I only know 3 to 10 years bans and 5 to 20 years.
On what basis did you initially get your EAD?
My "attorney" just told me that I was eligible for an EAD so I believed him, never explained to me how or why, but as far as I know and for what Ive researched I was not eligible for one in the first place, I knew this a few months ago.
When I first got my EAD I did not care, I just thought that if I got one everything was legal. At this point I really do not know.
Now Im worried that at my Green Card appointment -if Im lucky to have one- all those discrepancies will pop up. As of now Im planning to go to the appointment with my new attorney.
The I-765 didnt affect anything. What messed you up is that youre not supposed to leave the US while your I-485 was pending, without having Advance Parole or a valid H1B/H4/L1/L2 visa.
Can an I-765 process affect an I-130?