EAD & 10 years ban

[bkkchicago]

Hi everyone,

I’m wondering if after you’ve overstayed your visa and then after that you’re authorized to hold EAD card, does it mean that you’re 10 years ban is forgiven? Or this has nothing to do with your being ban still?

[newacct]

Having an EAD does not affect any bans you may have, and does not affect the amount of "unlawful presence" you may have accrued. Note that overstay or "unlawful presence" does not by itself cause a ban; you have to accrue 180 days of "unlawful presence" and then leave the US to have a ban. If you haven't left the US, you do not have the unlawful presence ban. Also note that you do not accrue "unlawful presence" while your AOS is pending. So the only "unlawful presence" you would have accrued is the period after your I-94 expired and before you filed I-485.

[bkkchicago]

Thank you newacct