QUESTION
Will he be able to obtain a work permit in the meantime if he came in the US illegally?
Asked on Apr 28th, 2015 on Immigration - Texas
More details to this question:
My fiancé and I have been together since 2012. We will be marrying soon. How long to I have to wait to apply for a green card for him and want to know how long will it take for him to get at least a work permit? He came into the US illegally in 2010. He has been here ever since and has no criminal background, traffic tickets here and there but they have all been paid. I know the process for a green card for him to be able to travel outside will be longer.
3 ANSWERS
Best wishes for your upcoming wedding. Generally one may expect to receive an Employment Authorization Document ("EAD" or "work permit") from the USCIS within 90 days of filing an application, but note that many people who entered the U.S. unlawfully and without inspection are INELIGIBLE to apply for adjustment of status and for an EAD following marriage to a U.S. citizen. I would be wise to consult with an immigration attorney without delay - certainly before filing any application, and probably before becoming married. The attorney, after learning all of the relevant details, would be able to advise you and your fianc? about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on May 04th, 2015 at 9:50 AM
You need to consult with an attorney.
Answered on May 01st, 2015 at 12:05 PM
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Since he entered illegally, he will need a waiver and will have to Consular Process. He will not be work authorized until he renters the U.S. as a permanent resident.
Answered on May 01st, 2015 at 8:46 AM