Asylum Applicant`s spouse work permit

K

Kitti Kazay

New Member
Hi. Me and my husband (who is waiting for his asylum interview in the last 3,5 years) got married in august, 2018. He added me to his papers in august (I only had tourist visa at that time), but they lost my papers in the miami office, so i applied again in october (and I only got a stamped paper from October). I got me finger print scan in January, 2019 and now I want to have a work permit.
My questions are:
When can I apply for my work permit,
which form should I fill
and did my status changed (or if they asking my status I am still with a working visa)?

Thank you so much.
 
Kitti Kazay said:
Hi. Me and my husband (who is waiting for his asylum interview in the last 3,5 years) got married in august, 2018. He added me to his papers in august (I only had tourist visa at that time), but they lost my papers in the miami office, so i applied again in october (and I only got a stamped paper from October). I got me finger print scan in January, 2019 and now I want to have a work permit.
My questions are:
When can I apply for my work permit,
which form should I fill
and did my status changed (or if they asking my status I am still with a working visa)?

Thank you so much.
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You could apply today , use form I 765 , it is calculated since your husband application not yours , In case it is rejected, you could apply again after 6 months . It is free .
 
Kitti Kazay said:
And why not?
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As far as I know, there is only an EAD category for the principal beneficiary of a pending asylum application (i.e. your husband) with a pending I-589 that has been pending for at least 150 days, but not for pending derivative asylum beneficiaries who are on a pending I-730.
 
newacct said:
As far as I know, there is only an EAD category for the principal beneficiary of a pending asylum application (i.e. your husband) with a pending I-589 that has been pending for at least 150 days, but not for pending derivative asylum beneficiaries who are on a pending I-730.
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And this is my understanding too, she said her husband is still waiting for his asylum interview for 3.5 years which means they are still pending asylum, and I heard from a lawyer ,that in this case , once she did her fingerprints she is eligible for EAD ,she doesn’t have to wait until 150 Days passses after adding her to the application.
 
Actually I am not sure about my previous answer. I searched some more and it seems that if you are added to your spouse's asylum application, then you can also apply for EAD once it has been pending for 150 days. You would file a separate I-765 from your spouse. Your status hasn't changed (a pending application doesn't change your status).
 
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