EAD while in removal proceedings

sjuhas

Registered Users (C)
#1
Well my husband is currently in immigration proceedings. He will not be deported because we have a pending I-130. His first hearing was today, and they have scheduled another master hearing 6 months from now to see if our I-130 application has been approved/denied yet. We first tried to file I-130, I-485, and I-765 concurrently but it was too late. This is a marriage-based application.

Immigration sent us a letter for his Employment Authorization Document (I-765) saying:

"The Service's records indicate that you have been placed in removal/deportation proceedings and have a pending hearing. Your application for adjustment of status appears to be under the jurisdiction of the Immigration Court. To demonstarte eligibity for employment authorization under Section 274a.12(c)(9), you must submite a date stamped copy of the Application for Adjustment of Status (Form I-485) received and accepted by the Executive Office of Immigration Review (EOIR)."

We have talked to two individual lawyers. One says that we cannot "hand over" EOIR our application for I-485 till the I-130 is approved, while another says that we CAN give them our application, that it does not need to be either "approved or denied" just "accepted"

Which one is true? We have spoken to our lawyer which is the one that will not try to give EOIR our application prior to I-130 approval. She has refused to even try so we are thinking of getting another lawyer. He can't go a year waiting for I-130 to be approved to get a work permit... Is there under any law or option that he can get a work permit?
 

smali

Registered Users (C)
#2
Why don'y you your self go and contact eoir

when service is asking for I-485 stamped by EOIR than it must be law. Correct. Just take that letter along with your copy of I-485 as you have already submitted one alerady with fee. have it stamped by EOIR lawyer (or judge) and send it back to service. Yes, it may take couple of attempts by your self. This shall not jeopardize your case, if that is waht you thinking. A person has to eat to servive and judge understands that. OK Good luck
 

tracer

Registered Users (C)
#3
any updates on this case? did you file the i-130 to the uscis office then filed the i-485 and i-765 to the eoir? if so, how? did you just mail it? were there any other forms required?
 

ImmGuru35

Registered Users (C)
#4
Don't assume

Well my husband is currently in immigration proceedings. He will not be deported because we have a pending I-130. His first hearing was today, and they have scheduled another master hearing 6 months from now to see if our I-130 application has been approved/denied yet. We first tried to file I-130, I-485, and I-765 concurrently but it was too late. This is a marriage-based application.

Immigration sent us a letter for his Employment Authorization Document (I-765) saying:

"The Service's records indicate that you have been placed in removal/deportation proceedings and have a pending hearing. Your application for adjustment of status appears to be under the jurisdiction of the Immigration Court. To demonstarte eligibity for employment authorization under Section 274a.12(c)(9), you must submite a date stamped copy of the Application for Adjustment of Status (Form I-485) received and accepted by the Executive Office of Immigration Review (EOIR)."

We have talked to two individual lawyers. One says that we cannot "hand over" EOIR our application for I-485 till the I-130 is approved, while another says that we CAN give them our application, that it does not need to be either "approved or denied" just "accepted"

Which one is true? We have spoken to our lawyer which is the one that will not try to give EOIR our application prior to I-130 approval. She has refused to even try so we are thinking of getting another lawyer. He can't go a year waiting for I-130 to be approved to get a work permit... Is there under any law or option that he can get a work permit?
Don't assume that he won't be deported just because you have a pending I-130. Much depends on what if any kind of criminal record your husband possess. There have been many many spouses of US Citizens deported even with an approved I-130.
 
#5
Hello there. I am new in this forum and i will greatly appreciate if somebody could confirm that you can apply for a work permit while in removal proceedings. I am in the same situation and i feel like i am going to go crazy waiting on the judge decision. It has been more than a year and can't see the end. Thanks...
 
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