Can I Work While Waiting for a Green Card Through Marriage?
The short answer is: it depends. Whether or not you can work while waiting for a green card through marriage hinges on your specific circumstances and the stage of the green card process you're in. Let's break it down.
Initially, after your marriage to a U.S. citizen, you cannot automatically work. You'll need to apply for authorization to work in the United States. This is done through the process of applying for an Employment Authorization Document (EAD).
What is an Employment Authorization Document (EAD)?
An EAD is a card that allows foreign nationals to legally work in the United States. It's crucial to remember that obtaining an EAD is not guaranteed, and it's a separate application from your green card application. The approval of your EAD depends on the progress of your green card application.
Can I get an EAD while waiting for my Green Card?
Yes, in most cases you can apply for an EAD while your green card application is pending. However, there's a specific process to follow:
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Form I-765, Application for Employment Authorization: You need to fill out this form and submit it along with the required supporting documents and fees. This is a vital step in gaining the legal right to work.
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Processing Times: Be aware that processing times for EAD applications can vary significantly depending on USCIS workload and location. It's essential to submit your application as early as possible.
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Premium Processing: You may consider paying for premium processing, which speeds up the processing time. However, this is an additional cost, and it's not a guarantee of quicker approval.
What if my Green Card application is rejected?
If your green card application is rejected, your EAD will most likely also be revoked. This underscores the importance of having a well-prepared and meticulously completed application from the start.
How Long Does it Take to Get an EAD?
The processing time for EAD applications can range from several months to over a year. USCIS provides estimated processing times on their website, but these are only averages and may not reflect your individual experience. Checking the status online regularly is advisable.
What documents do I need to apply for an EAD?
The required documents are listed on the USCIS website. These will generally include your Form I-765, proof of identity and your immigration status, and evidence of your marriage to a U.S. citizen. Make sure to meticulously follow all instructions to avoid delays.
What if I start working before receiving my EAD?
Working without authorization can have severe consequences, including deportation and potential future immigration barriers. It’s vital to wait until you receive your EAD before beginning any employment in the United States.
Will I automatically get an EAD with my marriage-based green card application?
No. The EAD is a separate application, even though it is directly tied to the success of your green card application.
This information is for general guidance only. It's crucial to consult with an experienced immigration attorney for personalized advice tailored to your situation. Immigration laws are complex, and professional legal assistance can significantly increase your chances of a successful application. The information provided here should not substitute for legal counsel.
