More details to this question:
Hello, I applied for emplyment authorization at the same time I applied for i485 adjustment of status for marriage in June 2021 and have yet to receive my employment card. With that being said, my marriage went downhill pretty fast and we are separated right now. I received a request for evidence from USCIS in the middle of marital problems and I'm not able to submit documentation. My question is, am I going to receive my work authorization anyways? Knowing they i485 and i765 are two different forms, or are they linked, where my employment authorization is waiting for me to send the evidence they requested for i485? I had employment authorization before marriage and I'm legal here. Time is running out, in January the current authorization will expire and I'm affraid I won't be able to work. Please help me I'm desperate.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
From our experience, USCIS will usually hold back ancillary applications like employment authorization where it issues a request for initial evidence in an adjustment of status case. I note that USCIS is very long on adjudicating EAD applications based upon marriage and was just sued by persons in your situation who complained that they had all been waiting 7-13 months without an adjudication. If you answer the request for evidence, your EAD application will likely not suffer any time lost given the extensive “normal” processing times of USCIS. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Nov 13th, 2021 at 12:34 PM