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Hello Sir or Madam; I am a permenant Residance in USA and I am living in NJ now. My husband was entered to USA through Mexico in the last septemper / 2013 as a sylum and he has been released from a detention center in Louisiana after hearing interview on 10/18/2013 and the Supervisory asylum office has found that my husband has demonstratrd a credible fear of prescution or torture.Also his first court will be at Jule 15 / 2015. And now he is living with me since he has been released. Before one month I filed form I-130 for my husband and sent it to the USCIS center and they accept my application also they mailling me my husband USCIS ALEIN NUMBER (A 055370821). And now He need to work at this time because the green card procedures take long time I want to know the suitable form that he has to apply to make him authorized to work during the green card procedures period. I want to know how long this procedure take and if there is afee for that form
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Your husband will not be able to obtain employment authorization through your petitioning for him. That is because there is no current priority date and he is not eligible to adjust status in the US as he is not in legal status. He may be able to obtain employment authorization through his asylum application, however. To do so, he or his attorney would have to file the asylum application with the office of the immigration court first and then after 150 days (assuming that it has not yet been denied), he would be eligible to apply for employment authorization on form I-765 employment authorization application. The legend for employment authorization for an asylum candidate is C –8. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 01st, 2014 at 10:32 AM