Work authorization during removal proceedings

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Latest post 09-19-2009 1:53 AM by Sonrisa. 2 replies.
  • 09-15-2009 3:03 PM

    • Sonrisa
      Consumer
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    • Joined on 05-31-2007
    • MI
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    Work authorization during removal proceedings

    Is an individual (released on bond) eligible for work authorization with a pending non-LPR cancellation of removal? 

  • 09-19-2009 12:28 AM In reply to

    Re: Work authorization during removal proceedings

    No--unless there is another way to recieve a work permit.  Non-LPR cancellation of removal are not eligible for a work permit--unless you win your case and then you are a LPR!

    Good luck

     

    Scott Poston

    Attorney at Law

    scott@rodriguezposton.com

  • 09-19-2009 1:53 AM In reply to

    • Sonrisa
      Consumer
    • Not Ranked
    • Joined on 05-31-2007
    • MI
    • Posts 13

    Re: Work authorization during removal proceedings

    But according to USCIS.gov website "Question and Answer Aug. 2006" Document "DHS Procedures for Implementation of EOIR Background Check Regulations for Aliens Seeking Relief or Protection From Removal" a question was: "I have an application pending with immigration court or the BIA for relief or protection. Where should I file a form I-765 for an Employment Authorization Document (EAD) while I am in removal proceeding?" 

    The answer was: You should continue to file the form I-765 including any applicable fees at the address listed n the accompanying form instructions. It is also helpful to the application adjudicator for you to indicate whether you have a current case in immigration court or with the BIA.  

    And according to I-765 instructions it seems that it would fall under category c(10) "Applicant for Suspension of Deportation" and would require for it to be mailed to the USCIS office in Chicago.

    Is this not correct? Am I misunderstanding this?

    Further on law blog on Lawyers.com  "David C. Heier Immigration Law Blog on Lawyers.com   Cancellation of Removal for Non-Permenant Residents."   

    "If the applicant has been released from detention, filing such a relief application can be very valuable. While the application is pending before the Immigration Court, the applicant can receive temporary employment authorization. With the employment authorization card in hand, the applicant can apply for and receive his or her own social security card. After receiving the social security card, the applicant can apply for and recieve a driver license."

    Is this misinformation? I just want to understand. Thank you for your help. 

     

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