Employment Auth during proceedings??

[dianna832]

Is it possible to get employment authorization during proceedings where you are eligible for relief, like you would when you do an adjustment of status through USCIS? If so, at what point? Do you have to wait until the i-485 is filed?

Just wondering!:blush:

[pen1137]

i believe you have to have an open I-485 to receive work authorization, unless there's some obscure law out there floating about...if someone knows, they'll chime in!

good luck in your process!

[supermario]

I am now in I-485 and yes as long as you case is pending yes you can apply for a work permit , like my case my I-485 is been pending for almost a year I already have one work permit but it will expire soon and since my case still pending I am gonna apply for one more work permit.

My I-485 is pending due removal proceddings that I have two months after the interview , the judge teminate removal proceedings because I already file for adjust before went to court and since I am marry to usc and enter with visa now uscis have to adjust but still pending.

[Caribbeanman]

Mario, the reason you got our work permit was because you WASN'T in removal proceedings at the time you applied for the work permit,you cannot apply for a work permit while in remval proceedings unless you have a approved I-130 there is a part on the I-485 which says something like putting the approved receipt number of the I-130 before you send it in so you have to have the I-130 approved first.

[Caribbeanman]

Dianna if you are in removal proceedings you do not adjust your status through USCIS unless the proceedings are terminated and if it's not you adjust it through the immigration court.

[dianna832]

Dianna if you are in removal proceedings you do not adjust your status through USCIS unless the proceedings are terminated and if it's not you adjust it through the immigration court.

Right I do understand that I have to adjust thru the courts,,, I was just referencing the process thru USCIS.. :wink:

[Caribbeanman]

I only noticed that after already post that reply...im sorry about that..:wink:

[Daniel Green]

If you are in proceedings and you already have an approved I-130 or an I-140, you can file the I-485 with the service center as stated on the sheet your lawyer gets from the I.C.E. trial attorney. Once you get an I-485 receipt notice, you can go ahead and file the I-765.

I presently have a client who had an approved I-140 before he was placed in proceedings, and he is now eligible for work authorization since we filed his I-485.

I have another removal case with a pending I-130 (that I've discussed in another thread; client married two days after the NTA was filed with immigration court, talk about timing); I asked the I.C.E. attorney whether we could concurrently file the I-485, and she said no. An AILA colleague suggested that you can file an I-485 while an I-130 is pending an interview regardless of the trial attorney's position, but I decided being less pushy will get my client farther.

The bottom line is if you have a propertly filed I-485 and an I-485 receipt notice, you can apply for work authorization regardless as to whether you are in proceedings. If the I.C.E. trial attorney doesn't want you to file an I-485, it's a tactical decision for you and your lawyer to make.

-Dan

[mandee3911]

So you can't file with a pending I-130? What if you had an expired work visa, can you somehow get a work permit with a pending or approved I-130?

[Daniel Green]

So you can't file with a pending I-130? What if you had an expired work visa, can you somehow get a work permit with a pending or approved I-130?


A pending I-130 doesn't qualify you for work authorization. If you are going the aos route, you need a pending I-485 to qualify for work authorization.

[dianna832]

OOk,,, So we have to wait until we get the I-485 receipt... This makes much more sense now!! Thanks :thumbup:

[mandee3911]

yea it does, But we're just getting ready to send ours next week. And reading some people's things, they're taking a long time to get approved.

[mandee3911]

sending the I-130 that is

[Caribbeanman]

Mandee yesterday was ONE YEAR since i fled my I-130..it was first filed at TSC then transfered to CSC then transfered to the local office...waiing n my A file to get to the local office forthe interview....that'show it iswhen youre in removal proceedings..should get the interview within the next month though.

[Caribbeanman]

Ooops sorry for all those typos..:o

[mandee3911]

yea that is a very long time. Him not working for a year. I'll just tell you this, the house better be clean!!!

[Caribbeanman]

LOL..yeah i clean too but i also keep myself occupied with studying and reading.

[mandee3911]

oh yea, and he's going to learn same English!!! He'll have all that time to go to english classes and clean. But we need that income, which is going to be hard.

[Caribbeanman]

Well am sure you all I-130 won't take so long cuz there are some people i know there I-130 took like 9 months...so hopefully yourswon't take so long.

[mandee3911]

If the lawyers and paperwork weren't so expensive then it would be ok. but sheesh, i can't get a loan to save my life (or his)!!!

[vali_2134]

hi , i want to ask u something ! i got my I-130 approved and now i can apply for a work permit ? or i have to file for i-485 and then with for the receipt since my case is pending ? because i don`t understand .
Thank You

[Daniel Green]

If you have a current priority date and you qualify for adjustment (which depends on several factors), then you can file the I-485 at the same time as I-765 (the latter being the work permit application).
-Dan