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What if my Marriage-Based Work Card is Going to Expire?

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What happens if my work and travel card expire before my green card interview?

Hi. I'm Jim Hacking, immigration attorney practicing law throughout the United States out of our office here in St. Louis, Missouri.

The St. Louis field office and some other offices around the country have gotten behind on processing spouse-based green card cases. These are situations where a US citizen has a foreign-born national spouse, and they want to sponsor that spouse for a green card. With any one of these applications, we always file the I-45, which is the application to adjust status, the I-130, which is a petition for an alien relative. We also file for work authorization and for advanced parole, so the foreign national can leave the United States if they have to.

In 95% of the cases, the interview occurs before those temporary travel document and work card expire. What happens in the 5% of the situation where that doesn't occur, where the work card is set to expire before the interview?

Here's what we do at our office. We always monitor the expiration dates of the work card and the travel document. The one thing we don't want to happen is to have our clients be without the ability to work or to travel outside the United States while the green card case is pending. In St. Louis, they got way behind because of the election and because of the number of naturalization cases that they had to process, so they started delaying having the interviews on the green cards. Now, they are approaching the time where our clients' original work card and travel document have expired.

The good news is that you can apply for a renewal. You have to submit 2 more passport photos, a new I-765, and a new I-131 for advance parole to make sure that you keep that process smooth, to make sure that you keep a newer card, a new travel document. Now, in a lot of these cases, we're getting that right before or right after the green card interview, because they're scheduling them right now about 14 months after filing, which is ridiculous, but it is what it is. We want to make sure that our clients have the ability to work and to leave the United States in an emergency if they need it. We've been filing that 4 months early, which is the earliest you can file it. You submit evidence that the green card case is still pending, and the prior approval notices, there's no filing fee for that, so that's the one good thing, but it is a hassle to have to do. Hopefully, the immigration service will get back on track and start scheduling these interviews in a timely manner.

If you have any questions about an expiring work card or travel document, make sure to give us a call at 314-961-8200, or you can email us at [email protected] If you like this video, please be sure to click Like below, and to sign up for our regular emails and videos, so that you understand and know when we submit a new video to YouTube. Thanks a lot and have a great day.

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