If you have filed an I-485 Adjustment of Status application with U.S. Citizenship and Immigration Services (USCIS) and are waiting for a decision, you may be able to apply for temporary work authorization and travel permission in the meantime. These benefits can provide flexibility and continuity while your green card application is being processed.
Employment Authorization Document (Form I-765)
Applicants with a pending I-485 are eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization. The EAD allows you to work for any U.S. employer while your adjustment of status case is pending.
To apply for an EAD based on a pending I-485, you should file Form I-765 under eligibility category (c)(09). The current filing fee is $260, but some applicants may qualify for a fee waiver based on their eligibility category and financial circumstances.
While an EAD grants temporary work authorization, it is only valid as long as your I-485 remains pending. If your adjustment of status application is approved, your permanent resident card will provide ongoing work authorization. If your I-485 is denied, your EAD will no longer be valid.
It’s important to note that obtaining an EAD does not guarantee I-485 approval. USCIS will make a separate decision on your adjustment of status application based on eligibility, supporting evidence, and other factors.
Advance Parole Travel Document (Form I-131)
In addition to seeking temporary work authorization, pending I-485 applicants can apply for an Advance Parole travel document by filing Form I-131, Application for Travel Document. Advance Parole allows you to travel abroad and re-enter the U.S. without abandoning your pending adjustment of status application.
In most situations, if you depart the U.S. while your I-485 is pending without first obtaining Advance Parole, USCIS will consider your green card application abandoned. To avoid this, it’s essential to have an approved I-131 in hand before making international travel plans.
Each individual applicant must have their own approved Advance Parole document, including children. The current I-131 filing fee is $630 per application. As with the EAD, paying the filing fee does not guarantee approval. Advance Parole decisions are made at the discretion of USCIS adjudicators.
Before finalizing any international travel plans, it’s wise to consult with an immigration attorney. They can review your I-485 case, assess any potential risks of traveling abroad, and help you evaluate the timing of your trip based on your unique circumstances.
Combo Cards (EAD and Advance Parole)
In some cases, USCIS will issue a “combo card” that serves as both an EAD and Advance Parole document. Combo cards are most common when the I-765 and I-131 applications are filed concurrently with the I-485.
Current USCIS processing times for EADs and Advance Parole range from 3-8 months, although delays are not uncommon. To minimize gaps in work authorization or travel capabilities, it’s advisable to file I-765 and I-131 applications as early as feasible.
Conclusion
Temporary work authorization and travel permission can provide much-needed flexibility for those with pending I-485 applications. However, the process of obtaining an EAD and Advance Parole can be complex.
Working closely with an experienced immigration attorney can help you navigate the I-765 and I-131 application processes, avoid pitfalls that could jeopardize your adjustment of status case, and build the strongest possible strategy for achieving your immigration goals.
