A person can only apply for an Employment Authorization Document under certain situations.  Work permits MUST have an underlying application that serves as a category or the basis for the “Work Permit.” A person cannot apply for a work permit without a qualifying basis. For example, a person who has been granted Temporary Protected Status, an individual with a pending Asylum Application whose EAD clock has run at least 150 days, a person with a pending I-485 Application to Adjust Status, certain dependents of H1B and L visa workers, and persons with Prima Facie eligibility for VAWA. 

This list is not exhaustive since there are other scenarios under which a person may work in the United States.

To apply for asylum, a person must submit an I-589, Application for Asylum.  If the applicant is in removal or deportation proceedings (meaning that he or she has a hearing scheduled in front of an Immigration Judge), the application for asylum must be submitted to the Immigration Court.  Otherwise, the application must be submitted to U.S.C.I.S.  Where the application goes exactly and whether the application may be filed online will depend on the respective application. Generally, an application for asylum must be filed within one year of the applicant’s date of entry to the United States. However, there are reasons that a late-filed application for asylum may be considered.

A successful asylum application must show that the applicant fears persecution in his or her home country because of his or her race, religion, nationality, political opinion, or membership in a particular social group.  Among other criteria, the applicant will need to show that it is not reasonable to relocate somewhere else in the home country. Asylum cases can be extremely complicated and often require extensive evidence to be successful.  Due to the complicated nature of these cases and the potentially severe consequences (order of deportation or even a finding of fraud) for an unsuccessful application, it is highly advisable to contact an immigration attorney to properly present your asylum package.

It is extremely difficult to win asylum cases due to their complexity. Even the seemingly “perfect” asylum case will fail if improperly present. At the forefront, credibility plays a major role in winning an asylum claim. This is why it is important to begin with an attorney as any small error or mistake can contribute to lack of credibility. Your chances of an asylum grant will depend on your application, the evidence you present, your credibility, the judge, jurisdiction, and lack of asylum bars.

Having your case dismissed or terminated in immigration does not stop you from pursuing asylum. You will need to file for the first time or refile the application you previously filed in court with USCIS. Where you send it will depend on the I-589 Fling Instructions on the USCIS website. Consider that the One-Year Filing Deadline still applies.

If you have an order of deportation or have been granted a withholding of removal, the court has exclusive jurisdiction over your right to adjust or apply for a green card. To proceed with adjustment or filing for a green card, the court will have to reopen the case and have the removal order dismissed so that USCIS can exercise jurisdiction over the green card application. Failing to follow the procedure will only ensure a great loss of time and money spent on legal services and filing fees.

You and your fiancée can contact an immigration attorney the moment you have decided you will marry to fully understand the process and what the process will require. Often, couples wait for whatever reason and fail to prepare and gather all the necessary evidence needed to ensure that the process is smooth. Or worse yet, a crucial step is missed which deems the marriage invalid because of an invalid document or divorce. It is too important to do it yourself so contact us, so you know exactly what to expect and how to proceed.

Yes, under certain circumstances! You can self-petition to remove conditions without your ex-spouse and use a waiver if you are divorced. If the marriage is no longer working because of battery or extreme cruelty, you may qualify for a VAWA Waiver. You will need to show that the marriage was a bonafide (real) marriage that was entered into in “good faith” and not just for receipt of immigration benefits. If you are still married and do not qualify for a waiver, you will have to apply jointly (with your spouse) for the I-751 Removal of Conditions within 90 days before your temporary green card expires.

Yes, you can apply for VAWA before two years have passed after the official date of your divorce. Waiting after two years will disqualify you from filing.

Yes, you can file for multiple forms of immigration relief. An issue arises when you show contradicting positions. For example, if one application shows that you have “immigrant intent” meaning you want to come and stay in the U.S. permanently and the other application shows “non-immigrant intent” which means you just want to visit. Because of this conflict, credibility and misrepresentation issues may arise which can lead to denial or the need for avoidable explanations.

However, it is perfectly fine to apply for some relief simultaneously. Some examples include filing for TPS with a pending Asylum Application; or fling for Asylum and Adjustment of Status (Green Card Application); however, in the case of the latter, filing for a marriage-based green card while the foreign spouse is in removal or deportation proceedings will immediately trigger a presumption of fraud. As this process has heightened scrutiny, proceeding with caution is a must. Whenever you are filing for multiple forms of relief, it is highly advisable to contact an immigration attorney to properly assess any implications or issues that may arise.

It depends! In most states, you must have a legal status or social security number to obtain a driver’s license. However, some states including the District of Columbia, California, New York, New Jersey, Maryland, Virginia, and others will allow you to take the examination and obtain a driver’s license even if you are undocumented. Check the DMV (Driver of Motor Vehicles) office in your respective state to see if you qualify for a driver’s license.

TPS requires a show of nationality of a TPS-designated country. If your child is considered a national of a TPS designated country even if he or she was not born there, your child may apply for TPS. There are various ways to show nationality. Seek the advice of an attorney before paying and obtaining unnecessary documents or applying for a passport your child does not need.

Solely changing your address with the court does NOT have the effect of changing where your court hearings will be held. If you would like to change your jurisdiction (where your hearings are held), there is a process to follow which requires you to answer the charges on your Notice to Appear and then send a motion to request that the current court change your jurisdiction to the more accessible court. This may take time depending on the jurisdiction and requires after the grant for the new court to assign you a new judge and court date.

Contact an attorney immediately as RFEs and NOIDs have deadlines within which evidence will need to be gathered. In addition, it’s the first sign that you may or will receive a denial. You do not want to lose wait time, money spent on legal services, and filing fees that you’ve already paid.

Schedule a consultation on our website or call (813) 834-7505 Monday – Friday from 9-5 PM to schedule.

A person can only apply for an Employment Authorization Document under certain situations.  Work permits MUST have an underlying application that serves as a category or the basis for the “Work Permit.” A person cannot apply for a work permit without a qualifying basis. For example, a person who has been granted Temporary Protected Status, an individual with a pending Asylum Application whose EAD clock has run at least 150 days, a person with a pending I-485 Application to Adjust Status, certain dependents of H1B and L visa workers, and persons with Prima Facie eligibility for VAWA. 

This list is not exhaustive since there are other scenarios under which a person may work in the United States.

To apply for asylum, a person must submit an I-589, Application for Asylum.  If the applicant is in removal or deportation proceedings (meaning that he or she has a hearing scheduled in front of an Immigration Judge), the application for asylum must be submitted to the Immigration Court.  Otherwise, the application must be submitted to U.S.C.I.S.  Where the application goes exactly and whether the application may be filed online will depend on the respective application. Generally, an application for asylum must be filed within one year of the applicant’s date of entry to the United States. However, there are reasons that a late-filed application for asylum may be considered.

A successful asylum application must show that the applicant fears persecution in his or her home country because of his or her race, religion, nationality, political opinion, or membership in a particular social group.  Among other criteria, the applicant will need to show that it is not reasonable to relocate somewhere else in the home country. Asylum cases can be extremely complicated and often require extensive evidence to be successful.  Due to the complicated nature of these cases and the potentially severe consequences (order of deportation or even a finding of fraud) for an unsuccessful application, it is highly advisable to contact an immigration attorney to properly present your asylum package.

It is extremely difficult to win asylum cases due to their complexity. Even the seemingly “perfect” asylum case will fail if improperly present. At the forefront, credibility plays a major role in winning an asylum claim. This is why it is important to begin with an attorney as any small error or mistake can contribute to lack of credibility. Your chances of an asylum grant will depend on your application, the evidence you present, your credibility, the judge, jurisdiction, and lack of asylum bars.

Having your case dismissed or terminated in immigration does not stop you from pursuing asylum. You will need to file for the first time or refile the application you previously filed in court with USCIS. Where you send it will depend on the I-589 Fling Instructions on the USCIS website. Consider that the One-Year Filing Deadline still applies.

If you have an order of deportation or have been granted a withholding of removal, the court has exclusive jurisdiction over your right to adjust or apply for a green card. To proceed with adjustment or filing for a green card, the court will have to reopen the case and have the removal order dismissed so that USCIS can exercise jurisdiction over the green card application. Failing to follow the procedure will only ensure a great loss of time and money spent on legal services and filing fees.

You and your fiancée can contact an immigration attorney the moment you have decided you will marry to fully understand the process and what the process will require. Often, couples wait for whatever reason and fail to prepare and gather all the necessary evidence needed to ensure that the process is smooth. Or worse yet, a crucial step is missed which deems the marriage invalid because of an invalid document or divorce. It is too important to do it yourself so contact us, so you know exactly what to expect and how to proceed.

Yes, under certain circumstances! You can self-petition to remove conditions without your ex-spouse and use a waiver if you are divorced. If the marriage is no longer working because of battery or extreme cruelty, you may qualify for a VAWA Waiver. You will need to show that the marriage was a bonafide (real) marriage that was entered into in “good faith” and not just for receipt of immigration benefits. If you are still married and do not qualify for a waiver, you will have to apply jointly (with your spouse) for the I-751 Removal of Conditions within 90 days before your temporary green card expires.

Yes, you can apply for VAWA before two years have passed after the official date of your divorce. Waiting after two years will disqualify you from filing.

Yes, you can file for multiple forms of immigration relief. An issue arises when you show contradicting positions. For example, if one application shows that you have “immigrant intent” meaning you want to come and stay in the U.S. permanently and the other application shows “non-immigrant intent” which means you just want to visit. Because of this conflict, credibility and misrepresentation issues may arise which can lead to denial or the need for avoidable explanations.

However, it is perfectly fine to apply for some relief simultaneously. Some examples include filing for TPS with a pending Asylum Application; or fling for Asylum and Adjustment of Status (Green Card Application); however, in the case of the latter, filing for a marriage-based green card while the foreign spouse is in removal or deportation proceedings will immediately trigger a presumption of fraud. As this process has heightened scrutiny, proceeding with caution is a must. Whenever you are filing for multiple forms of relief, it is highly advisable to contact an immigration attorney to properly assess any implications or issues that may arise.

It depends! In most states, you must have a legal status or social security number to obtain a driver’s license. However, some states including the District of Columbia, California, New York, New Jersey, Maryland, Virginia, and others will allow you to take the examination and obtain a driver’s license even if you are undocumented. Check the DMV (Driver of Motor Vehicles) office in your respective state to see if you qualify for a driver’s license.

 

TPS requires a show of nationality of a TPS-designated country. If your child is considered a national of a TPS designated country even if he or she was not born there, your child may apply for TPS. There are various ways to show nationality. Seek the advice of an attorney before paying and obtaining unnecessary documents or applying for a passport your child does not need.

Solely changing your address with the court does NOT have the effect of changing where your court hearings will be held. If you would like to change your jurisdiction (where your hearings are held), there is a process to follow which requires you to answer the charges on your Notice to Appear and then send a motion to request that the current court change your jurisdiction to the more accessible court. This may take time depending on the jurisdiction and requires after the grant for the new court to assign you a new judge and court date.

 

Contact an attorney immediately as RFEs and NOIDs have deadlines within which evidence will need to be gathered. In addition, it’s the first sign that you may or will receive a denial. You do not want to lose wait time, money spent on legal services, and filing fees that you’ve already paid.

 

Schedule a consultation on our website or call (813) 834-7505 Monday – Friday from 9-5 PM to schedule.