QUESTION
If the adjustment of status has been denied, can he/she still apply for employment authorization?
Asked on Nov 08th, 2012 on Immigration - New York
More details to this question:
What will be his/her current legal status? What options are available for the applicant?
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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If the work authorization is dependent on the adjustment being pending then once the adjustment is denied the work card is denied. Without knowing the reasons for the adjustment denial I cannot advise whether an appeal or re-file or an alternative is the best option. Are you in immigration proceedings?
Answered on Nov 12th, 2012 at 1:04 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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Usually if adjustment is denied, you cannot renewal the employment authorization unless there is a pending appeal or motion to reopen.
Answered on Nov 12th, 2012 at 1:04 PM
Probably not. IT really depends on what the reason for the denial is and what the underlying status is and whether that allows for employment authorization. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Nov 12th, 2012 at 1:03 PM
3 Awards
You cannot apply for work authorization based on AOS when AOS is denied. Status wise, it depends. If the applicant did not maintain a separate non immigrant status, then that person is out of status, meaning no legal status in the US.
Answered on Nov 12th, 2012 at 1:03 PM
Immigration Law Attorney serving Staten Island, NY
at
Law Office of Jeffrey Lisnow
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You should contact an attorney right away to review the denial as there are time restrictions that may bar later on what can be done now.
Answered on Nov 12th, 2012 at 1:02 PM