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Can I Work While My Green Card Petition is Pending?

Written By: Matthew W. Peterson

Published: 12/29/2018

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Can I Work While My Green Card Petition is Pending? | Boston Immigration Attorney | The Law Office of Matthew Peterson

Navigating Employment Authorization During Status Adjustment

Lots of people are asking the Law Office of Matthew Peterson if can I work while my green card petition is pending. If you are in the process of adjusting your immigration status, you may be eligible to apply for an Employment Authorization Document (EAD) while your green card application is under review. This application is submitted using Form I-765, which does not require an additional fee if filed alongside your adjustment of status application.

How Long Does It Take for an Application for an Employment Authorization Document to be Processed?

Applying for a Social Security Number

When applying for the EAD, you also have the option to request a Social Security number. However, the issuance of your Social Security information typically occurs after your EAD is processed.

Eligibility and Consultation

There are various scenarios in which you might qualify for an EAD, and it is advisable to seek guidance from a Boston immigration attorney to determine your eligibility.

Processing Time for Employment Authorization Document

You can generally expect to receive your EAD before your green card. However, it’s important to note that processing times for Form I-765 have seen significant delays, now averaging around 8-10 months. Your EAD will typically be sent directly to your immigration attorney’s office, ensuring that you receive it promptly.

The Importance of Legal Guidance

Neglecting to consult with an immigration lawyer can lead to costly repercussions, including extended wait times, requests for additional evidence, or even denial of your application.

Get Help from the Law Office of Matthew Peterson

If you find yourself in need of assistance with your immigration matters, the Law Office of Matthew Peterson is here to help. Located in Boston, Massachusetts, Matthew Peterson specializes in immigration law throughout the state.

Contact the office at (617) 295-7500 to begin your journey toward securing your employment authorization and navigating the complexities of your immigration petition.

Frequently Asked Questions (FAQs)

1. What is an Employment Authorization Document (EAD)?

An Employment Authorization Document (EAD) is a permit that allows individuals to work legally in the United States while their immigration status is being processed. It is particularly useful for those who have applied for adjustment of status.

2. How do I apply for an EAD?

To apply for an EAD, you need to complete Form I-765 and submit it alongside your application for adjustment of status. There is no additional fee for the EAD application when filed together with your adjustment application.

3. Can I apply for a Social Security number when applying for an EAD?

Yes, when you submit your EAD application, you can also request a Social Security number. However, the issuance of your Social Security card typically occurs after your EAD is processed.

4. What should I do if my EAD application is delayed?

If your EAD application is delayed beyond the expected processing time of 8-10 months, it’s advisable to consult with an immigration attorney. They can help you understand the reasons for the delay and guide you on the next steps.

5. Why should I consult an immigration attorney when applying for an EAD?

Consulting an Boston immigration attorney can help prevent costly mistakes in your application process. An attorney can provide guidance on eligibility, assist with paperwork, and address any issues that may arise, ultimately increasing your chances of a successful application.

6. Can my EAD be renewed?

Yes, your Employment Authorization Document can be renewed. You will need to file a new Form I-765 before your current EAD expires. It’s recommended to start this process at least 90 days before expiration to avoid any gaps in your work authorization.

7. What happens if my EAD application is denied?

If your EAD application is denied, you will receive a notice explaining the reason for the denial. You may have the option to appeal the decision or reapply, but it’s crucial to consult with an immigration attorney to determine the best course of action based on your specific situation.