So, can you work while you're waiting for your green card to be processed?
A very common question.
If you want to know the answer, watch this video.
I will see you on the other side.
Hey everybody.
My name is Jacob Sapochnick and I'm an immigration attorney based in San Diego, California.
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So in this video, I want to answer your question that comes up very often and I thought, why
not I make a video and not answer that question a thousand times.
So, the question is, you file for the green card, you file Form 45, can you work while
you wait for your green card to be processed?
So, the answer is yes.
There is a form called I-765, which is the Employment Authorization application.
And that, typically, is filed together with the I-45 package.
So, for example, if you're married to a US citizen, that's one way to get a green card,
you have to find the 45, the I-130, and all these other forms, you can add the I-765 With
that application.
It’s very important that you do it at the same time, and not separately.
Because if you file the permission to work separately from your Adjustment of Status
application, then you're going have to pay a separate fee for that and that's going to
delay the time for you to get your work permit.
So, if you’re filing an application based on marriage to a US citizen, you can file
the 45 with the 765, which is a permission to work and then you'll be able to get your
appointment card probably within 4 to 6 months, which is the current time right now.
It could be sooner in the future, but right now it's about 4 to 6 months.
And so, while you're waiting for your green card, which may take longer, you can actually
get the work permit and start working.
Now, if you're applying for a green card based on employment, that 765 form, permission for
work authorization, is even more important because unlike the marriage case, where you'll
get your interview in 6 months anyway, so the work permit is kind of like you get it
maybe a month or two before, it's not so essential.
But when you're waiting for your green card based on employment, and you don't have a
work visa, or if you do have a work visa, and you want to be able to do other things
on the side, the work permit is very important.
So, make sure that that work permit is filed together with the I-45.
And then you'll be able to get it within 4 months.
And then while you wait for the green card, that may take a year or more, you are able
to stay in the country and work because that's really important.
Now, if you file the adjustment of status as a principal based on employment, and you
married, then your spouse can also file for a work permit.
And while you're waiting for your green card as the main applicant, your spouse can get
her work permit as a dependent and while waiting for the green card to be processed.
So, it is really important and it's a benefit that people who are applying for a green card
are eligible, even so, if they're married, their spouse can also get a green card while
they're waiting.
So, that is the kind of benefit of filing the 765 while the Adjustment of Status is
pending because that will allow you to work even if your green card is pending.
So, hopefully, you found this information useful.
I know a lot of people are getting confused about it because they are not understanding
the difference between a work permit and the green card.
And the work permit is essentially a temporary benefit for you to have something while you're
applying for the green card so you're not going to be sitting at home and then doing
anything or if you want to do any other projects, you're able to use that work permit and apply
for employment anywhere while you're waiting for that green card to be processed.
Once again, hopefully, you found this information useful.
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