Click here to see how our firm is preparing for COVID-19

Can I renew my work card if our I-130 is delayed?

Carlos from Springfield, Illinois asks “My U.S. citizen wife filed an I-130 on my behalf and I filed an I-485 to adjust my status to that of lawful permanent residence.  We also filed for temporary work authorization while the green card case is pending.  Our case has been delayed and my work card will expire in 4 months.  What should I do?”  

Applicants for spouse-based adjustment to permanent residence status are eligibile to work in the United States while their applications are pending. Unfortunately, because of Governmental delays in processing these applications, many Employment Authorization Documents (EADs) expire before their holder receives their green card. What can these individuals do in order to continue working legally in the United States?

Fortunately, people placed in this situation are eligible to renew their EADs. According to Government instructions, when an individual is within 120 days of their EAD expiring, they can submit form I-765 for a renewal of their EAD. While there is normally a fee involved in this renewal process, the Government instructions specify that an “adjustment applicant who applied after July 30, 2007” does not have to pay any fee to renew their EAD.

You May Also Like

Why Do Mandamus Lawsuits Over Immigration Delays Work? Spread the love When you file an immigration petition, you expect a decision within a certain time. But sometimes, the government takes much longer than expected to make a... VIEW POST
What Can the USCIS Ombudsman Do To Speed Up Your Immigration Case? Spread the loveWaiting for your immigration case resolution can feel like a never-ending nightmare. You're not sure what's taking so long, and every day feels like an eternity. You... VIEW POST
USCIS Processing Times: A Definitive Guide Spread the loveWaiting for your green card, visa, citizenship, and other immigration processes can be stressful. With all the backlogs, government interruptions, and changing policies, you should prepare for... VIEW POST

Download Free Guide 
2022 Immigrant’s Guide to 
Becoming a U.S. Citizen

This guide contains all you need to know to become  
a U.S. citizen.

Download Free Guide 2022 Immigrant’s Guide to Becoming a U.S. Citizen

This guide contains all you need to know
to become a U.S. citizen.
DOWNLOAD FREE PDF

Immigration 
Answers Show
Live every week.

JOIN US