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?
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?