When applying for a green card via the adjustment of status process in the US, you are eligible to apply for work authorization which will allow you to legally work in the US while you are waiting for your green card to be approved. You can also apply for a social security number as part of the work authorization application.
The work authorization application is optional, but you should strongly consider applying for this if you have a need or desire to work. If you are in the US in another nonimmigrant employment authorized status, such as the H-1B visa status or L-1 visa status, and you have maintained your status, you may not find it necessary to apply for work authorization. You should discuss your options with your attorney.
After you are approved for work authorization, you will receive a physical card, and the Employment Authorization Document (EAD). If you apply for a social security number, you will also receive a social security card.
Work authorization processing times have fluctuated from as little as 2-6 months to approximately 11 months. If you apply for a social security number, you should receive a social security card around the same time you receive the EAD.
The filing fee for work authorization when it is filed as part of the green card marriage application is $260.
Advance Parole Travel Authorization
Advance parole allows you to travel outside of the U.S. while your marriage green card adjustment of status application is pending.
If you travel outside of the U.S. while your application is pending before receiving advance parole, you will have abandoned your application, unless you are in H-1B or L-1 status and you return to the U.S. using an H-1B or L-1 visa stamp.
Advance parole processing times have fluctuated from 6 months to approximately 12 months. After you are approved, you will receive an advance parole document. You cannot travel internationally until you are in possession of this document.
You should be aware that if you do use advance parole to re-enter the U.S. after a trip abroad, you will be treated as an “arriving alien”. This can be problematic if you have any issues with your application. The safe approach is to not use advance parole, except in emergency situations, and even then you must be certain that you do not have any unlawful presence or overstay issues.
The filing fee for advance parole when it is filed as part of the green card marriage application is $630.
*If you are eligible for advance parole and you travel outside of the US after it arrives, you MUST present the advance parole card (or combo card as described below) upon your re-entry to the US along with your passport. Failure to do so could result in the denial of your green card application and other severe consequences. Furthermore, you should expect to be delayed at customs and brought to a “secondary screening room” when using advance parole. This is important to note if you have a connecting flight or you are going through pre-flight clearance.*
Work Authorization & Advance Parole Q & A
What do the documents authorizing employment and advance parole travel look like?
After you are approved for work authorization, you will receive a physical card, and the Employment Authorization Document (EAD). If you apply for a social security number, you will also receive a social security card.
After you are approved for advance parole, you will receive an 8.5 x 11 advance parole document.
There is also a chance you receive a combo card if you apply for both work authorization and advance parole. Please see below for more information.
I have heard of a combo card, valid for work authorization and advance parole, what is that?
It used to be the case that when individuals applied for both work authorization and advance parole, the applications were approved together and applicants would receive a combo card that was valid for both. The USCIS still sometimes issues these combo cards. It is completely arbitrary for which cases USCIS chooses to do this. Generally, the USCIS has moved away from the practice of a combo card in favor of approving work authorization applications faster. It is more likely that you will receive the two separate documents described above.
How do I know if I was issued a combo card, valid for advance parole travel as well as work authorization?
If you receive a combo card, the physical EAD card you receive will state “Serves as I-512 Advance Parole” on the bottom of the front of the card.
How can I apply for a Social Security number?
You can apply for a social security number on the work authorization application itself.
If you forget or for some reason do not request this with the application, you can apply for a Social Security number after being approved for work authorization at your local Social Security office. See the following page to locate a Social Security office: Social Security Office Locator.
What happens if I travel outside of the US without advance parole while my green card application is pending?
If you travel outside of the US while your green card application is pending before advance parole arrives and you are not seeking to re-enter the US in the H-1B or L-1 status, you will be deemed to have abandoned your green card application. That means your application will be denied and you will lose all associated fees. You may also not be able to get back into the US or if you do, you could be put in removal proceedings. In other words, it’s a complete mess that leads to all sorts of complicated issues.
Can I travel outside of the US after submitting my adjustment of status application, but before I’m approved for advance parole, and then return to the US only after my advance parole is approved after having a friend or family member courier the card to me abroad?
NO!!! You can only leave the US after your advance parole is approved. If you leave the US before your advance parole is approved, regardless of whether or not you wait for it to be approved before returning, your application will be deemed abandoned and denied.
What if an emergency need to travel comes up while I’m waiting for the advance parole to be approved?
If a family, medical or business emergency arises while you’re waiting for your advance parole to be approved, you may be able to obtain “emergency advance parole” from your local USCIS office.
To apply for emergency advance parole, you’d need to make an “infopass” appointment with your local USCIS office and present evidence of the emergent circumstances requiring you to travel outside of the US immediately.
The granting of emergency advance parole is discretionary and different local offices and officers have different views on the matter. For example, some local offices have a very liberal stance and will provide emergency advance parole for a wide variety of business, medical, and family emergencies, whereas other offices are very strict and will provide for only the most extreme of emergencies.
Contact a Work Authorization Lawyer
Contact a work authorization lawyer right here at Lightman Law Firm to schedule your initial consultation with our experienced legal team. We are here to help you in any way we can.
