QUESTION
How do I get an work permit as a spouse of a US citizen, while waiting for change of status
Asked on Mar 24th, 2022 on Immigration - California
More details to this question:
I had an E2 work visa, and moved my family (Wife and kids who are all US citizens by birth, but lived with me in the UK for 16 years) to the US, as my visa was running out, we decided to settle here and so my wife filed i-130 at the same time as my i-485 application. The application has been accepted (not yet approved) and I've been given a date for biometrics. Now my visa has expired, I understand that I can stay in the US while the i-485 is being processed, but I would like to work but NOT renew my E2. My question is do I need to file separately for a EAD or will that be automatic, if I do need to apply, what category would it be under and what are the current fees?
2 ANSWERS
You should file a 765 work permit application now and attach the 485 receipt notice with it.
Answered on Mar 25th, 2022 at 4:26 AM
You were required to file an additional application for work authorization simultaneous with the adjustment. Otherwise, the EAD will not be issued. As a result, you are not able to be employed. You have concern about how unlawful employment may affect an applicant for adjustment based upon an immediate relative petition. If so, then I strongly recommend an appointment, or Zoom conference, with a competent and experienced immigration attorney before there are any other complications.
Answered on Mar 24th, 2022 at 4:37 PM