Is EAD/application for EAD enough? Or is green card needed?

[Boblt 0]

I am a physician joining a training program in New York, my spouse is a US citizen, and I am anticipating my EAD in a few months which will be in time for the program.  While the EAD will allow me to start, I also will need to obtain a state license to start the program.  The state license application asks me to pick which of the following apply to me.  My question is, which of the options below apply to me?  Do I actually need the greencard, is an EAD sufficient, or is receipt for the application for the EAD/485 sufficient?  I am not clear whether option B means you need the green card approved, or just have to have submitted the application.  Or do I go with option I, assuming the fact that I have applied for EAD/AOS gives me relief from deportation.

 

 

"Federal law and the Regulations of the Commissioner of Education (8 NYCRR §59.4) limit the issuance of professional licenses, registrations  and limited permits to United States citizens or qualified aliens. To comply with Federal law and Commissioner’s regulation, you must complete this section of this form and check the appropriate box below which indicates your citizenship/immigration status.

 

A - A United States citizen or National.

B - An alien lawfully admitted for permanent residence in the United States.

C - An alien granted asylum under Section 208 of the Immigration and Nationality Act.

D - A refugee granted asylum under Section 207 of the Immigration and Nationality Act.

E - An alien paroled into the United States under Section 212 (d)(5) of the Immigration and Nationality Act for a period of at least 1 year.

F - An alien whose deportation is being withheld under Section 241 (b)(3) of the Immigration and Nationality Act.

G - An alien granted conditional entry pursuant to Section 203 (a)(7) of the Immigration and Nationality Act as in effect prior to April 1980.

H - Non Immigrant (Temporarily in U.S.) Please list Visa type or immigration status or attach a copy of your passport if you are not required to have a Visa to enter the United States: ____________

I - I am an alien not unlawfully present in the United States pursuant to the Deferred Action for Childhood Arrivals (DACA) relief or similar relief from deportation. Please specify: _______________________________________

J - I do not reside in the United States.

If you checked any of the boxes from B-I, enter your alien registration number or control number issued by the United States Citizenship and Immigration Services (USCIS): USCIS number: _________________"

 

 

Edited December 5, 2018 by Boblt

[Noname93 173]

I would choose h and list the non-immigrant visa you are adjusting from/with which you entered the country if it hasn't expired yet. But maybe wait for more replies.

[HU87 9]

1 hour ago, Boblt said:

is receipt for the application for the EAD/485 sufficient?

Did you also submit an application for Advance Parole (AP)? If AP is approved and you leave the US and then re-enter the US with AP then letter E can apply. For example, I know that students with a pending I-485 that want to claim FAFSA have to leave the US and return using AP to qualify for it, since they then get an I-94 with Parole for 1 year; a pending I-485 alone is not sufficient to qualify for FAFSA. Here is the "Federal law" from your quote above: https://www.law.cornell.edu/uscode/text/8/1641

Edited December 5, 2018 by HU87

[Boblt 0]

7 hours ago, Noname93 said:

I would choose h and list the non-immigrant visa you are adjusting from/with which you entered the country if it hasn't expired yet. But maybe wait for more replies.

 

It hasn't expired yet.  But the issue I'm wondering is, if I check off H, that doesn't seem to satisfy the status of "qualified alien" (based on the link from HU87's post above). 

 

Part of my confusion with the checklist is I'm not sure if I should take it to mean that any of the options, A through J, is sufficient to obtain the license - or that they want me to enter whichever applies to me and only some of them are considered "qualified aliens".

[Boblt 0]

8 hours ago, HU87 said:

Did you also submit an application for Advance Parole (AP)? If AP is approved and you leave the US and then re-enter the US with AP then letter E can apply. For example, I know that students with a pending I-485 that want to claim FAFSA have to leave the US and return using AP to qualify for it, since they then get an I-94 with Parole for 1 year; a pending I-485 alone is not sufficient to qualify for FAFSA. Here is the "Federal law" from your quote above: https://www.law.cornell.edu/uscode/text/8/1641

 

Yes, also applied for AP/131.  In your link, under that section it has a link to the actual law that states: "The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States "

 

Unless if I am misinterpreting this, it seems to only apply to urgent humanitarian or public benefit causes. 

[HU87 9]

1 hour ago, Boblt said:

Unless if I am misinterpreting this, it seems to only apply to urgent humanitarian or public benefit causes. 

When Advanced Parole is granted it is part of the discretion given to the Attorney General from this Federal title; it is a broad interpretation of "significant public benefit" by the Attorney General.

1 hour ago, Boblt said:

It hasn't expired yet.  But the issue I'm wondering is, if I check off H, that doesn't seem to satisfy the status of "qualified alien" (based on the link from HU87's post above).

In theory, there is an exception to the "qualified alien" definition: https://www.law.cornell.edu/uscode/text/8/1621 ("State authority to provide for eligibility") and http://www.op.nysed.gov/title8/part59.htm (§59.4). For clarification you should ask the license issuing entity if they issue professional licenses to individuals with a pending I-485 and what they accept as proof (maybe its letter I with an explanation).

Edited December 5, 2018 by HU87

[USC4SPOUSE 506]

I am a licensed professional. Though, I am a US citizen, if I ever have a question about ANYTHING, I call the Board and ask. That's what you should do.

 

If they say you need your green card, then get that on paper; and ask your US Senator to help you expedite your interview. If you are going to practice in a rural area, you could use that as leverage. You could get a letter from the hospital, etc. Done.