Pending Green Card: So, you’ve got your green card application in the works and you’re itching to get started with working in the U.S., right? The waiting game can feel like a never-ending episode of your favorite show, and you might be wondering if you can jump into the workforce or just how long you can stay without running into trouble. Fear not! We’ve got the answers to your burning questions about working while your green card application is pending. Buckle up, it’s going to be a fun ride.
Pending Green Card: Can I Work in the U.S. While My Green Card Application Is Pending?
Absolutely, but there’s a small catch! You’ll need an Employment Authorization Document (EAD), or as we like to call it, your “golden ticket” to working legally in the U.S. To get your hands on this ticket, you’ll need to file Form I-765 (Application for Employment Authorization) along with your Form I-485 (Application to Register Permanent Residence or Adjust Status). Once your EAD is approved, you’re good to go. Just think of it as a VIP pass to start working before the main event your green card arrives.
Pending Green Card: Can I Work in the U.S. Before My Green Card Arrives?
If you’re rocking a valid work visa, like an H-1B or L-1, you can keep working away while your green card application is in the pipeline. No work visa? No EAD? You’ll need to hang tight until they approve your work permit. Working under the table isn’t an option it could jeopardize your entire green card quest. So, no sneaky moves, let’s keep everything above board.
Pending Green Card: Can I Work in the USA Without a Green Card?
Yes, but only if you’ve got a valid work permit or another visa that lets you work. A green card isn’t the only way to work in the U.S., but it’s the ultimate ticket for unrestricted employment. Without a green card or EAD, working in the U.S. is a no-go, and you don’t want to end up in hot water with Uncle Sam. So, keep those documents in check.
Pending Green Card: How Long Can You Stay in the U.S. While Waiting for a Green Card?
If you’ve filed for Adjustment of Status (Form I-485) and it’s pending, you’re generally allowed to stay in the U.S. until a decision is made. This could take anywhere from 8-14 months or more, depending on how busy USCIS is. Just make sure to keep your records updated and respond to any requests from USCIS. Patience is a virtue, and a little paperwork diligence goes a long way.
Pending Green Card: Can I Work While Waiting for a Green Card Through Marriage?
Yep, once you’ve got your EAD in hand! If you’re married to a U.S. citizen and have filed Form I-485, you can file Form I-765 to request your work permit. With that EAD, you’re all set to work while waiting for your green card. If you’re married to a lawful permanent resident, you’ll need to wait for your priority date to be current before filing for Adjustment of Status, but once you’re in, the same rules How Long Does It Take to Get a Green Card After a Work Permit?
Getting your work permit (EAD) is just the opening act. After that, it can still take anywhere from 8-14 months or more to get your green card, depending on USCIS’s mood and your specific case. Think of the EAD as your sneak peek into life in the U.S. while you wait for the main feature, your green card.
What Is My Immigration Status While I-485 Is Pending?
When your Form I-485 is pending, you’re in a state of “authorized stay.” It’s like being in immigration limbo; you can legally stay in the U.S., but you aren’t yet a lawful permanent resident. It’s the awkward in-between phase of your immigration journey, kind of like waiting in line for your turn at the amusement park.
Can I Apply for a Work Permit While I-130 Is Pending?
Nope, you can’t apply for a work permit while only Form I-130 (Petition for Alien Relative) is pending. You’ll need to wait until you’ve filed Form I-485 to request an EAD. If you’re outside the U.S., you’ll need to wait until you’re here and can apply for Adjustment of Status before you can request a work permit. It’s a bit of a wait, but worth it in the end.
What Can I Do While Waiting for My Green Card?
While you’re waiting for that green card, you can work (with an EAD), travel (with advance parole), and dive into your new community. You can also prepare for your green card interview, gather necessary documents, and maybe brush up on American culture. Just don’t get too wrapped up in cliffhanger TV shows; your life is already dramatic enough with your green card journey.
Can I Stay in the U.S. While I-485 Is Pending?
Yes, you can stay in the U.S. while your I-485 application is pending. Just make sure you file your Adjustment of Status to stay in the U.S. until they make a decision. However, if you travel outside the U.S. without advance parole, immigration may view it as abandoning your application, which could be risky.
Can I Get a Work Permit While Waiting for a Green Card?
You bet! Applying for a work permit is one of the perks of filing for a green card through Adjustment of Status. While your green card application is pending, you can apply for an EAD and, once approved, start working legally in the U.S. Just remember to apply as early as possible to avoid any unnecessary delays.
Balancing work and stay options while your green card is pending might feel like juggling flaming torches, but with the right guidance, you can make informed choices and stay on the right side of U.S. immigration law. Whether you’re waiting on your work permit, prepping for your green card interview, or just crossing your fingers, remember that every step brings you closer to your dream of living and working in the U.S.
Based in Gilbert, our office is strategically located to serve clients throughout Mesa, Chandler, Queen Creek, Tempe, Apache Junction, Scottsdale, Phoenix, and San Tan Valley. We’re here to provide expert immigration support in Gilbert and beyond. If you have any questions or need advice, don’t hesitate to reach out. We’re committed to helping you navigate each step of this exciting journey.
