Introduction to Green Card Through Marriage
Obtaining a green card through marriage can be a complex and time-consuming process. As a spouse of a US citizen, you may be eligible to apply for a green card, but the process can take several months or even years.
During this time, you may wonder if you can work while waiting for your green card application to be processed. The answer is yes, but you will need to obtain an Employment Authorization Document (EAD) from US Citizenship and Immigration Services (USCIS).
Eligibility for Employment Authorization
To be eligible for an EAD, you must have a pending green card application and be married to a US citizen. You will need to file Form I-765, Application for Employment Authorization, with USCIS and provide supporting documentation, such as your marriage certificate and proof of your spouse's citizenship.
It is essential to note that not all applicants are eligible for an EAD, and some may be subject to additional requirements or restrictions. It is recommended that you consult with an immigration attorney to ensure you meet the eligibility criteria and follow the correct procedures.
Application Process for Employment Authorization
The application process for an EAD typically involves submitting Form I-765 and supporting documentation to USCIS. You will need to provide biographic and biometric data, as well as pay the required filing fee.
Once your application is processed, you will receive an EAD card, which will allow you to work in the United States while your green card application is pending. The EAD card is usually valid for one year and can be renewed if your green card application is still pending.
Types of Employment Authorization
There are different types of employment authorization available to green card applicants, including an EAD card and a nonimmigrant visa. The type of employment authorization you are eligible for will depend on your individual circumstances and the status of your green card application.
It is essential to understand the terms and conditions of your employment authorization, including any restrictions on your employment and the need to renew your authorization if your green card application is still pending.
Conclusion and Next Steps
In conclusion, it is possible to work while waiting for a green card through marriage, but you will need to obtain an EAD from USCIS. The application process can be complex, and it is recommended that you consult with an immigration attorney to ensure you meet the eligibility criteria and follow the correct procedures.
If you are eligible for an EAD, you can apply for employment authorization and begin working in the United States while your green card application is pending. It is essential to understand the terms and conditions of your employment authorization and to follow all applicable laws and regulations.
Frequently Asked Questions
How long does it take to get a work permit while waiting for a green card through marriage?
The processing time for an EAD can vary, but it typically takes 90-150 days to receive a decision.
Can I travel outside the US while waiting for my green card through marriage?
It is generally not recommended to travel outside the US while waiting for your green card, as this can affect your eligibility for a green card and may require you to reapply for admission to the US.
Do I need a lawyer to apply for a green card through marriage?
While it is not required to have a lawyer, it is highly recommended to consult with an immigration attorney to ensure you meet the eligibility criteria and follow the correct procedures.
How much does it cost to apply for a green card through marriage?
The filing fee for a green card application can vary, but it typically ranges from $1,000 to $2,000, depending on the type of application and the services of an immigration attorney.
Can I apply for a green card through marriage if I am divorced?
In general, you must be married to a US citizen to apply for a green card through marriage. However, there may be exceptions in cases of divorce, and it is recommended that you consult with an immigration attorney to determine your eligibility.
How long is a green card through marriage valid for?
A green card through marriage is typically valid for 10 years and can be renewed if you meet the eligibility criteria and follow the correct procedures.