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How to Apply for a Work Permit While Your Green Card Application is Pending

According to federal laws, a person is not automatically authorized to work in the United States even if they have filed Form I-485, which is an application to become a permanent resident. If an individual is awaiting a status adjustment or permanent residency approval, they must receive an Employment Authorization Document, commonly referred to as a work permit, before they can legally work in the United States.

Because immigration laws can become complex, our Miami immigration lawyers have answered some common questions regarding how to obtain a work permit before obtaining a green card:

How Can a Person Obtain Employment Authorization?

To streamline the process, an individual can file Form I-765, an Application for Employment Authorization, when they file their application for status adjustment. If a person chooses to file both applications at the same time, there are no additional fees. However, if a person chooses to file Form I-765 at a later date, they may have to pay a separate fee.

How Much Does it Cost to File Form I-765?

If a person files Form I-765 at a later date, they will be required to pay a $380 fee.However, the following types of applicants may be exempt from paying a filing fee:

  • N-9 nonimmigrants
  • N-8 immigrants
  • Citizens of Marshall Islands, Palau, or Micronesia
  • Asylees, refugees, or persons paroled as refugees
  • International organization personnel or various foreign government dependents
  • Asylum applicants
  • Aliens who have been granted Withholding of Removal

If a Person Has Been Working Without a Work Permit, Will Their I-485 Be Denied?

In many cases, the United States Citizenship and Immigration Services will look past 180 days of unauthorized employment. However, this exception applies to specific persons who qualify for immigrant visas based on their specific type of employment. If an individual qualifies to file Form I-485 based on their type of employment, a seasoned immigration lawyer can help that person and determine whether that person can qualify for an exception.

Should a Person Seeking Authorized Employment Contact an Attorney?

Because all immigration issues can cause various complexities to surface, it is wise for persons dealing with immigration legalities to contact skilled legal representation right away. At Pozo Goldstein, LLP,our Miami immigration lawyers are ready to stand by the sides of those in need of aggressive legal representation. Backed by more than 90 years of legal experience, our legal team has what it takes to defend your rights and future.

To discuss your case, contact our Miami immigration attorneys at Pozo Goldstein, LLP today, or fill out a consultation form online!

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