Most people who are in deportation proceedings or immigration court do qualify for a Work Permit.
The reason for having this document, which is the Work Permit, is to cover the waiting time for people who are waiting for permanent status.
There are certain statuses like the DACA program, Deferred Action, and sometimes Parole In Place that comes only with a Work Permit, and the idea is to be renewing that permit but that’s a rare thing.
Normally, a Work Permit is a document to protect, cover, and give the option of being able to work to a person who has plans or intentions to legally immigrate permanently to the United States, such as permanent residency.
Individuals who are filing for adjustment of status because they are married to a U.S. citizen or have suffered violence in a marriage to a citizen or permanent resident will apply for permanent residency but will still include an application for a Work Permit during the wait.
Normally, this document comes during the middle of the case, so let’s say an adjustment of status takes a year, and the Work Permit comes within about 6 months after that.
People who are in immigration court proceedings are also applying for permanent residence in the United States for Asylum, Cancellation of Removal, a waiver, or any other type of defense they are applying for.
When they are in immigration court, have submitted an immigration application, and already have a receipt that they have paid the fee, they qualify for a Work Permit, and that is something that can be renewed when their court case is pending.
It’s very helpful to millions of immigrants who are in that process because it can take up to a decade to finish processing a court case.
Is A Work Permit Equal To A Case Won?
There is no simple answer because when someone is in immigration detention, it can be a person who was caught crossing the border, applied for Asylum, and passed a credible fear interview, or also a person who was arrested and stopped by the police was transferred to court or to an immigration detention center, or a person who was caught in a raid and is already in a detention center.
They all have options, they can request a release directly from the deporting ICE officers, and every ICE officer has the power to give a Bond, Parole, or a release without payment under oath to people requesting their release.
This document may be a Parole or Bond but most people in detention centers if they cannot obtain their release, an agreement, or a Parole from their deporter, can also request a Bond directly from the immigration court.
The immigration judge can release that person and they will be able to leave with a document saying that the person was detained and is now out.
That document is not a Work Permit, it doesn’t mean that the person has won their case.
That person is still in immigration court, has to appear for his hearings, has to appear for his appointments with the immigration officers, has to submit an application for his defense and then apply for a Work Permit.
Handling a deportation process after a release from detention is a very complicated thing, but many people think that I can leave and that because I have my document I am free.
It is very important that everyone in this process including family, friends, spouses, parents, or children in immigration detention, consult with us so that we can help them take the necessary steps to protect their status.
The worst thing is to leave with deportation in absentia because you did not know the date of your hearing, and everything is much more complicated after the deportation order.
Do Work Permits Vary According To The Type Of Immigration Status I Have?
There’s only one type of Work Permit, when someone has a Work Permit it is a document that looks like a license or a matriculated consular, it has a picture of the person and it says Employment Authorization Document.
Sometimes it also has a Travel Permit at the bottom, which is a document that normally needs to be renewed every year.
With the permit, you can get a social security number and a driver’s license, and you can work in any business or company in the United States as there are no restrictions on the type of work.
All people who have a Work Permit have the same rights with the document.
The way to obtain a Work Permit goes hand in hand with many types of immigration cases, and each Work Permit has a category that gives us information about how you received the Work Permit.
That gives us the information we need to investigate what is going on with your case.
What Are The Benefits Of Having A Work Permit?
There are many benefits, for example, the social security identification number, the driver’s license, the peace of mind of knowing that you already have protected status, so you will not be stopped by the police or arrested for not having legal status.
When someone has social security they can find any job they want, but they are also paying their taxes on their account.
Most companies automatically remove the taxes from your file and transfer it directly to the social security office.
This is an account with which you count the level of benefits you may have when you are retired.
Peace of mind is what is most important because that is what most of our clients are looking for, the peace of mind of knowing that they can go out and they are going to be okay because they have a license in case they are stopped or detained by the police, you have the identification that you can present to them.
You can plan trips with your family, and vacations around the country, that is another opportunity that comes in your immigration case.
Importantly, all your IDs and documents can be scanned anywhere in case you do not have them with you.
With a Work Permit, you can have a good job and also take advantage of opportunities to plan for a future here in the United States.
Do Work Permits Extend To Other Persons?
A Work Permit is for one person, it will not protect other family members, but sometimes the whole family can get a work permit based on how their adjustment of status is doing.
If a person is in court proceedings and included their children in their Asylum application, they still qualify for a Work Permit.
Another important thing to note is that these permits are valid for travel, although in the case of people who are adhered to the DACA program, they do not have a valid Work Permit to travel due to the category that is implemented for them.
In this case, individuals must obtain an Advance Parole but when we are doing an adjustment of status for a person who entered on a Visa and is now married to a citizen, we often include an application to be able to travel and the document has that permission.
This depends 100 percent on what is reflected in the working document because that is what decides whether it includes a Travel Permit or not.
Do I Need A Work Permit & Also An SSN To Work?
It’s the responsibility of a company when they are offering a job to someone, to find out their social security with the I-9 form.
A company or business that is following the law will not offer or allow a new employee to start work without a social security number.
This is a very important step for a person who wants to work legally in the United States.
Can I Work On What I Studied In My Home Country If I Have A Work Permit?
A Work Permit opens up all the options for a job, but if your profession requires a license as a lawyer, for example, that will drive the process you have to follow.
If a lawyer is a lawyer in Mexico but now wants to be part of the bar in the State of Texas, that person will have to study for a year in the United States and pass the bar exam to obtain a license.
This is different for architects or doctors, each profession has its own rules about how foreigners can obtain licenses in the United States.
Can Anyone In Immigration Court Obtain A Work Permit?
Most people in immigration court will qualify for a Work Permit depending on their defense strategy, their application, and its form, such as an Asylum, Cancellation of Removal case which is also eligible for a Work Permit.
The process is basically to appear at the hearing, ask for the defense, submit the application with an immigration fee, wait a few days and then ask for the Work Permit, that is the process for the Cancellation of Removal.
More than 75 percent of immigrants in the immigration court process do qualify for a Work Permit.
In case you have additional questions about your work permit, renewal, or your specific case, you can contact us at (855) 502-0555. After a short 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you won’t miss our weekly broadcasts via Facebook, YouTube & or Twitch.
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