QUESTION
Why does it take them this long for a decision and can my husband have right for work permit while I130 is pending?
Asked on Apr 07th, 2015 on Immigration - New York
More details to this question:
I am a USC. My husband and I have been waiting for I130 and I485 decision after stoke interview. It has been 1 year since. Thank you.
3 ANSWERS
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If his I-485 is still pending, regardless of the I-130 issue, he should be able to receive Employment Authorization Document.
Answered on Apr 08th, 2015 at 12:05 PM
When an Application for an Employment Authorization Document ("EAD" or "work permit") is filed concurrently with the marriage-based I-130 and I-485 applications, the USCIS is generally pretty reliable in issuing an EAD within 90 days of filing, and that EAD (with renewal, if necessary) can be used throughout the period that the adjustment of status case remains pending. If your husband did not file an application for an EAD, then it would be wise to consult with an immigration attorney who, after learning all of the relevant details about his and your situation, including the reasons a Stokes interview was required, could advise you about steps to prod the USCIS into making a final adjudication of the I-130 and I-485 applications and also about the possibility of filing an Application for an EAD at this time.
Answered on Apr 08th, 2015 at 12:01 PM
You or your attorney has to follow up with them.
Answered on Apr 08th, 2015 at 11:48 AM