Please help with I-765 question 11

S

seawind

New Member
Here is the situation... My wife was brought to the US when she 5. Her father got married when she was 12 but the interview failed. She already has an A-Number, I-94 Number, Social Security Number, expired work permit, etc due to this...

I may be just over thinking this but we are on I-765 Question "11. Have you ever before applied for employment authorization from USCIS?" Well no technically she hasn't, she was only 12... BUT her Dad did for her (obviously) so do we select yes here and complete the information, or should we select no and attach something explaining the situation?

Also I almost forgot at the top it says, I am applying for:
1. Permission to accept employment.
2. Replacement (of lost employment authorization document).
3. Renewal of my permission to accept employment (attach previous employment authorization document).

Do we select the 3rd option because she had a work permit in the past or do we select the 1st option in her situation?


I really appreciate the help!

Thanks
 
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seawind said:
I may be just over thinking this but we are on I-765 Question "11. Have you ever before applied for employment authorization from USCIS?" Well no technically she hasn't, she was only 12... BUT her Dad did for her (obviously) so do we select yes here and complete the information, or should we select no and attach something explaining the situation?

Also I almost forgot at the top it says, I am applying for:
1. Permission to accept employment.
2. Replacement (of lost employment authorization document).
3. Renewal of my permission to accept employment (attach previous employment authorization document).

Do we select the 3rd option because she had a work permit in the past or do we select the 1st option in her situation?


I really appreciate the help!

Thanks
Click to expand...

You should select yes and attach a copy of the old expired work permit.
So option 3 obviously.

What status is she on now btw?
 
Nancy Mervin said:
You should select yes and attach a copy of the old expired work permit.
So option 3 obviously.

What status is she on now btw?
Click to expand...


Hey Nancy, First and foremost thanks for the help!


I believe shes considered "Out of status" as her work permit, visa waiver, etc all expired years ago now.

Any ideas what I should do for question 11?


Thanks
 
Jackolantern said:
Answer Yes to Q11 and explain the situation.

For the other question choose "1. Permission to accept employment"
Click to expand...

Thanks for your help Jackolantern.

Obviously Nancy above thought I should choose answer 3. Can you explain why you chose answer 1 if she had a work permit in the past?

Thanks
--Ryan
 
seawind said:
Thanks for your help Jackolantern.

Obviously Nancy above thought I should choose answer 3. Can you explain why you chose answer 1 if she had a work permit in the past?
Click to expand...

Renewal is applying for a new EAD after a previous EAD has been issued for the same underlying application (e.g. I-485) or situation (e.g. OPT, TPS, asylum).

The EAD she got through her father was from an entirely separate case, so it's not a renewal. However, she should use the same old A-number on the new I-485, I-765, and other forms that ask for her A-number.
 
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Thanks again Jackolantern that does make sense. I think that's what I'll do. Thank you both for your help.

If anybody else has any opinions please chime in!

(I have completed all forms now except for the I-864 almost done :D)
 
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