1.
The Employment Authorization
Document (EAD)
Application
When
you send the I-485 application to USCIS, you
may also submit the I-765 form
for Employment Authorization Document
(EAD) application, if you want to work
in the United States while your I-485 application being processed.
The Immigration and Nationality
Act is a law that governs the admission of all persons to the United States. Part
of the law about Employment Authorization Documents defines the employment
authorization responsibilities of both employers and employees. USCIS issues Employment Authorization Documents
to prove you are allowed to work in the United States.
U.S.
employers must make sure all employees are allowed to work in the United
States. If you are not a citizen or a lawful permanent resident, you may need
to apply for an EAD to prove you may work
in the United States.
The specific categories that require an
Employment Authorization Document include applicants adjusting to permanent
residence status; asylees and asylum seekers; refugees; students seeking
particular types of employment; people in or applying for temporary protected
status; fiancés of American citizens; and dependents of foreign government
officials. The
permanent
resident or a conditional permanent resident do not need an Employment
Authorization Document.
The
Form I-765 application offers the benefit of receiving an Employment Authorization
Document. The I-765 application
can be sent individually or with
the I-485 form. For the principal applicant, the EAD should be issued by the
USCIS as soon as the preliminary screener determines the eligibility, unless the applicant is clearly ineligible for
the adjustment of status, in which case the application should be routed for an expeditious
denial. For dependent applicants, employment authorization may be issued as soon as the
principal applicant case is documented, provided the dependent applicant has submitted
satisfactory evidence of the relationship.
2.
The
Travel Document (Advance
Parole) Application
If you need to travel outside the United
States while your I-485 application being processed, you need to send an I-131 form to USCIS for Travel Document application. The
legal foundation for requiring these travel documents comes from the
Immigration and Nationality Act (INA), which defines documents required to
admit aliens and control their travel. Any immigrant who does not have the
correct travel documents will not be admitted to the United States.
For non-citizens,
you need permission to return to the United States after traveling abroad.
This permission is granted through a travel document. Travel documents are
also given to people who want to travel, but cannot get a passport from their
country of nationality. You must
file USCIS Form I-131, Application for a Travel Document, complete with
supporting documentation, photos and applicable fees.
Travel outside of the United States may trigger the three
or ten year bar to admission for adjustment applicants. This ground of inadmissibility is triggered if
you were unlawfully present in the United States (i.e., you remained in the United States beyond the period of
authorized stay) for more than 180 days before you applied for adjustment of status
and you traveled outside of
the United States while your adjustment of status application was pending.
Under the
Immigration and Nationality Act, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years.
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