Tag Archives: permanent residency

Green Card Pending – How Can You Work

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Immigrants who are in the United States for temporary stay should file Form I765, application for employment authorization with the United States Citizenship and Immigration Services or USCIS, to receive an EAD or Employment Authorization Document. The EAD is also known as work permit. U.S. citizens, lawful permanent residents, conditional permanent residents and non-immigrants who are authorized to work in the U.S. should not use Form I765, application for employment authorization. You can work in the United States even while your Green Card application is pending.

If you want to work while your Green Card application is pending, you have to file Form I765, application for employment authorization along with your adjustment of status application. Along with Form I765 you have to submit a copy of your I-94, Arrival Departure Card. On submitting your application with the USCIS, you should receive an Employment Authorization Card within 90 days. Once you have received the Employment-Authorization Card you are eligible to work in the United States, even if your Green Card Application is pending.

If for some reason you do not receive the Employment-Authorization Card within 90 days, you can request for an interim employment authorization on Form I765, which will be valid for 240 days. To receive an interim card, you have to file a request for interim work authorization on Form I765 at the USCIS service center. If 240 days pass and you still have not received a final decision on your I765 application you must stop working. Interim work authorization cards cannot be renewed. However, if you reach this point, you have the option to file a new application for employment authorization on Form I765. If you do not get a decision even on the new I765 application within 90 days, you will then be entitled to another interim work authorization card.

There is no filing fee for Form I765 when filed concurrently with Form I-485, Application for adjustment of status. It is recommended to file Form I765, Application for Employment Authorization and Form I-485, Adjustment of status application together which enables you to work while your Green Card application is pending and also facilitates easy processing of the application.

You can check the status of your Form I765 online. If your application for employment authorization on Form I765 is denied, you will be send a letter from USCIS stating why your application was rejected. You are allowed to request the USCIS officers to reconsider your case.

Form I765 is used even for renewal of EAD, replacement of EAD and interim EAD. If you filed your adjustment of status application on or after July 30, 2007 and have paid the application fee for Form I-485, you are not required to pay any fee while requesting for employment authorization on Form I765. If you file Form I765 separately, then you should submit a copy of Form I-797C as an evidence of filing Form I-485, application for adjustment of status.


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Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visas, Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa and many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

Green Card – Form I-751 to Remove Conditions on Permanent Residency

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Form I-751, Petition to Remove the Conditions on Residence is a petition used to remove the conditions on residence. If you are a conditional resident and obtained the conditional status through marriage, then you should use Form I-751 for removal of conditions. Supporting documents with Form I-751 include certain initial evidences like copy of Permanent Resident Card. Form I-751 can be filed jointly or you could seek a waiver in the joint filing requirement. The following supporting documents with Form I-751, should be submitted to the USCIS:

* Copy of the front and back of your Permanent Resident Card.

* Evidences to prove that your marriage is legitimate.

* Evidences for seeking a waiver (If filing to waive the joint filing requirement)

* Court order if you have changed your name legally.

* English translation of all foreign language documents from an authorized translator. You have to submit evidences to prove that your marriage is legitimate and that you have not violated any law of the United States. To prove the evidence of your marriage, the following supporting documents with Form I-751 should be submitted:

– Copy of your marriage certificate.

– Copy of birth certificates of the children you have had together.

– Documents of Joint ownership or property such as financial records of assets, federal tax return, insurance policies.

– Rental receipts of all the apartments that you have occupied together.

– Affidavits from at-least two people, who have personally known you and your spouse from the time the conditional residence was granted. The person who signs the Affidavit should witness before the immigration officer that whatever is written in the Affidavit is true.

If you are seeking a waiver in the joint filing requirement, the following supporting documents with Form I-751 should be submitted:

– Copy of death certificate, if spouse is deceased.

– Copy of divorce certificate, if marriage was terminated.

– If battered or subject to extreme cruelty, submit evidence of abuse such as reports issued by the police or court.

If you are residing outside the U.S. due to military orders or government orders, you should submit the following:

– Two passport style photographs of the applicant and dependents.

– If you or your dependents are between the ages of 14 and 79, complete Form FD-258, Fingerprint Cards.

The supporting documents with Form I-751 should be filed for all dependent children who got conditional residence concurrently with you. Carefully prepare the supporting documents, as this would make an easy way for the approval of your petition. Put all the documents in a large envelope and send them to the USCIS. Do not send the original documents to USCIS, unless you are asked to send.

If you are requested to send the original documents, USCIS keeps a record of the original documents and returns them back to you. Have a copy of all the documents you send to USCIS, as you may need them for your reference. The filing fee for the petition includes the application fee and the biometric fee. After USCIS receives your petition, you will be informed about when you should appear for the biometrics.

Guest Post Author

Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visa Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa, many more) online. We will make sure your form is 100% error free, before you submit to USCIS.