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Posted on 12 Feb 2009
Q.

How to obtain an EAD while in immigration proceedings

My husband received a letter for EAD application saying:
"The Service's records indicate that you have been placed in removal/deportation proceedings... Your application for adjustment of status appears to be under the jurisdiction of the Immigration Court...eligibity for employment authorization under Section 274a.12(c)(9), you must submit a date stamped copy of the Application for Adjustment of Status received and accepted by the Executive Office of Immigration Review (EOIR)."

One lawyer says that we cannot "hand over" EOIR our application for I-485 till the I-130 is approved, while another says that we CAN give them our application, that it does not need to be either "approved or denied" just "accepted". Which one is true? And how can my husband get a work permit while in procee

User's Location: Miami, Florida, United States of America
Category: Family-based Green Card
Posted on 12 Feb 2009
A.
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User_thumb_31_Photo_James_Mayock

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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          (415) 765-5111
          www.emvisa.com
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