Work Permits and Travel Permits for Marriage-Based Green Card Applicants

In the context of marriage-based Green Card applications in the United States, work permits and travel permits are discretionary documents that facilitate lawful employment and international travel for applicants. The application for work permits, known as the Employment Authorization Document (EAD), is filed using Form I-765, while travel permits are applied for using Form I-131, also referred to as travel documents. It is essential to understand the significance of these documents and assess their necessity for individual cases.

I. Work Permit (Employment Authorization Document, EAD) For marriage-based Green Card applicants residing in the US, obtaining a work permit can be advantageous. This document allows applicants to legally work within the country while awaiting Green Card approval. The application process, involving Form I-765 (Application for Employment Authorization), is typically cost-free when applying for a marriage-based Green Card. Once filed, the EAD is typically issued within five to seven months, enabling the applicant to maintain lawful employment status. This is particularly crucial for individuals on non-working temporary visas, which restrict employment opportunities in the US.

II. Timing of Work Permit Application The timing of filing Form I-765 varies depending on the circumstances of the marriage-based Green Card applicant. If the applicant’s current work visa is nearing expiration or if they intend to work while awaiting Green Card approval, Form I-765 can be submitted concurrently with Form I-485 (Application to Register Permanent Residence or Adjust Status). However, if the applicant does not require immediate employment authorization, they may opt to apply after filing Form I-485.

III. Travel Permit (Travel Documents) Similarly, obtaining a travel permit can be beneficial for marriage-based Green Card applicants who need to travel internationally while their Green Card application is pending. Form I-131 (Application for Travel Document) allows applicants to lawfully leave and re-enter the US during this period. It is typically processed within five to seven months. However, approval for re-entry ultimately rests with Customs and Border Patrol (CBP) officers. Therefore, unnecessary travel is discouraged to avoid potential denial of re-entry, which could jeopardize the pending Green Card application.

IV. Timing of Travel Permit Application The timing of filing Form I-131 depends on the specific needs of the marriage-based Green Card applicant. If immediate travel outside the US is necessary, Form I-131 can be submitted concurrently with Form I-485. Otherwise, applicants may choose to apply at a later stage, filing Form I-131 after Form I-485, when the need for travel arises.

Understanding the application processes and timing considerations for work permits and travel permits is crucial for marriage-based Green Card applicants to navigate their immigration journey effectively.

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