Immigration Attorney
Work Permit
Permission to work is available through a variety of programs:
A) Adjustment of Status (the green card procedure); (See Green Card)
B) DACA or Deferred Action for Childhood Arrivals; (See DACA)
C) Deferred Action after a final Order of Removal (See Deportation);
D) Work Visa such as the H-1B, E-1, O-1 or L-1…the visa itself is granted abroad by the Department of State although one may change her status while remaining in the United States under certain circumstances. (See Work Visa)
The Work Permit allows the bearer to obtain a Social Security number and a Driver’s License. What it does not grant however, is the authorization to travel abroad. Rather, to obtain permission to travel abroad, one generally needs Advance Parole.
The Work Permit that one obtains through adjustment of Status is secured through an attendant Immigrant Visa petition either though a family member or a sponsoring employer (See PERM).
The Work Permit through a family member: one must be an immediate relative of a citizen such as a child under the age of twenty-one years, spouse or parent.
The Work Permit for relatives of Military Personnel: even having entered the United States illegally, and as per a Presidential Decree dated November 15, 2013, immediate relatives of military personnel are eligible for Adjustment of Status and may, of course, solicit their work permits as well.
The Work Permit through DACA is secured after satisfying a number of conditions. (See DACA).
The Work Permit through Deferred Action is for one who has a Final Order of Removal. Under extreme circumstances in which one is required to demonstrate extreme hardship to an American Citizen or in which one may have a pending legal (civil) matter in the courts or in mediation, one MAY successfully solicit the Service for Deferred Action. Upon obtaining Deferred Action the work permit is typically granted. This is a rarely granted benefit.
The Work Permit through a Working Visa is the most desirable. To qualify one must have a job offer, a specialized skill (such as computer programming) and a Bachelor’s Degree or better or the equivalent in a field related to the specialty from a US institution of higher learning. The Beneficiary of such a petition must be in status to qualify for this visa. An exception to this rule is when the beneficiary is abroad.
Of course there are other ways of obtaining a Work Permit. Simply call (212) 361-6401
Adjustment of Status - Green Card
One who marries an American citizen after having entered the country legally (with either a visa or parole) – even having violated the terms of the stay – may qualify for adjustment of status in the United States.
Both traditional and same sex couples are eligible for this benefit. But the marriage must be legitimate.
To be “legitimate” one who may have been previously married must show termination of the prior marital relationship. This may be with a Divorce Decree or a Certificate of Death.
Questions remain whether one who had married an individual of the opposite sex and obtained the green card and thereafter US Citizenship, may then be able to remarry, this time a partner of the same sex. Certainly, both marriages will be called into question and such an applicant will most assuredly require the services of competent counsel.
While one is awaiting the adjustment interview, s/he applies for the work permit. This will be necessary to secure a valid social security number, open a joint bank account and obtain a driver’s license with the current marital residence…in advance of and in preparation for the interview. The work permit is generally valid for up to two years…in the event the interview and/or green card is delayed for whatever reason.
One who marries an American citizen after having entered the country legally (with either a visa or parole) – even having violated the terms of the stay – may qualify for adjustment of status (Green Card) in the United States.
DACA - Deferred Action for Childhood Arrivals
Deferred Action for “Students” or “Dreamers” is a program that provides relief from Removal and a Work Permit valid for up to two years.
This Work Permit is renewable.
The applicant must have entered the US either legally or illegally PRIOR TO his/her sixteenth birthday and must have been physically present from June 15, 2007 to the time s/he first applies for the benefit. S/he must have graduated or be attending a United States high school. One may enroll in a GED program in lieu of obtaining a high school diploma. The applicant must further be under the age of 31 years.
Even one with an outstanding Order of Removal (Deportation) is eligible for this benefit. The only factors rendering one ineligible for the benefit of a Work Permit are multiple petty criminal convictions or a single felony conviction.
To qualify for the Work Permit one must be at least fifteen years of age. In addition, his or her presence in the United States must be continuous from June 15, 2007. Innocent departures MAY be acceptable if the applicant can demonstrate an intent to not have relinquished his domicile in the United States.
Deferred Action for “Students” or “Dreamers” is a program that provides relief from Removal and a Work Permit valid for up to two years. This Work Permit is renewable.
Deportation - Deferred Action after a final order of removal
Deferred Action (for who may have a Final Order of Removal / Deportation)
One who may have a Final Order of Removal May File a Motion for a Stay of Removal. If, under these extremely rare circumstances such stay is granted and the applicant obtains Deferred Action, s/he will be eligible for a Work Permit.
To qualify for this benefit one must be possessed of extreme overriding “equities” or favorable factors warranting the exercise of this discretionary benefit. The government prefers to grant this benefit to those with children with special needs or to those with pending legal matters. To see whether one qualifies s/he should consult an immigration specialist
One who may have a Final Order of Removal / Deportation may File a Motion for a Stay of Removal... If, under these extremely rare circumstances such stay is granted...the applicant will be eligible for a Work Permit.
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