Applying for Work Permit While Waiting for Adjustment of Status Interview
Hi, here is my situation. My status was F-1 and in January 08 I was out of status, however my school let me stay to study under the condition that I should have applied for reinstatement which I didn't. They said after 5 months I had been out of status, and not apply for reinstatement, I could not stay in the US any longer so I quit school and decided to work illegally after that. During that time I met my wife now and recently we decided to get married and I have applied for the Adjustment of Status Interview in September 09. So my question is:
1. Should there are any problems regarding my illegal stay in the US that will affect my chance in the interview since I'm not sure I'm under 10 years ban because I never received any letter from Immigration telling me to leave the US?
2. Is it possible for me to apply for the Work Permit during this time so I can work legally?
Please help me answer those questions. Thanks so much.
Re: Applying for Work Permit While Waiting for Adjustment of Status Interview
1. The bigger problem could be the illegal employment. Lots of people successfully adjust their status after an overstay, provided they originally entered legally (as you did).
2. As part of the AOS process you can apply for EAD.
Re: Applying for Work Permit While Waiting for Adjustment of Status Interview
Hi there again, thanks for your answer, I'm wondering if I can apply for the driver license once I receive Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485. It's been 6th weeks since I sent in form I-485 and other forms and I have not receive the Notice of Action yet, is that normal to be delayed? Thanks again.
Re: Applying for Work Permit While Waiting for Adjustment of Status Interview
I have an additional question. I obtained my SSN while working legally at school before I was out of status and have been using it for my credit cards until now. I remember the number but lost the card a while ago. Now I want to request a replacement card sent to me and I don't know if I can contact Social Security Office. Is that possible to get replacement card? Thanks in advance!
Re: Applying for Work Permit While Waiting for Adjustment of Status Interview
The Social Security Administration will require proof of legal presence in order to issue a replacement card. Being out of status, you will not have that proof until/unless you successfully adjust status to permanent resident or successfully obtain an employment authorization document. At that point, you can use either the green card or the EAD to obtain a replacement social security card free of charge.
As for your driver license question, that depends on state laws in your state. But most (possibly all) states now requirement proof of legal presence due to the federal Real ID requirements. (Which I consider silly, as a driver license is not and should not be treated as an immigration document, and as driver license staff are generally woefully unprepared to understand immigration law, let alone enforce it.)
Re: Applying for Work Permit While Waiting for Adjustment of Status Interview
I've just received my I-797C Notice of Action and I am about to file the I-765 Application for Employment Authorization; should I say current immigration status is student since I'm going to school anymore.
Also, just to make sure do, under question 16 on the EAD, should I say I'm eligible under (c)(9). Thanks for your time.