Work Permit at POE

[slim 1,530]

Has anyone been issued a work permit at their POE? If so, where? And how does it all work, gotta get EAD later, pay for it, how much, etc., etc., etc.?

I've heard the only POE for the work permit is JFK, but I'm thinking about having Elena arrive through Cincinnati (CVG), but if she can't get a work permit here, JFK is the way!

I called the USCIS at CVG and in about 24 seconds, the lady on the phone answered all and none of my questions. She said a work permit is possible but they won't know until she arrives and they check her documents. She also said that JFK is not the only POE that work permits are possbile. Then she went on to add that people don't know what they're talking about and it's all on the Net @ cis.gov. (Sounded like she was a very helpful person!)

Any first hand info here? And if your fiance(e)s/wives are working now, how did they do it, and how long did it take?

[Kez/JWolf 6]

Only POE that seams to be giving out Temp EAD is JFK... it is only valid for 90 days and then you have to stop work... there will be a gap of a few weeks or more before the 1 years EAD that you file for with AOS will be issued... you will also need to apply for a SSN about 2 weeks after she gets here and it can take 2 weeks to receive the Number so thats about 28 days gone from the 90 days.. and dont forget you have to get married within the same 90 day period...

Kezzie

Edited September 13, 2006 by Kezzie

[Satellite 1]

Has anyone been issued a work permit at their POE?

My wife did not get one at LAX.

If so, where?

Others have gotten them exclusively at JFK.

And how does it all work, gotta get EAD later, pay for it, how much, etc., etc., etc.?

If you get an EAD at JFK it is free and is valid for the duration of your fiancee status as a K1. She falls out of status at the end of 90 days, leaving the US, upon your death if it occurs before marriage, or marriage to you. Once either of these occur the temporary EAD is no longer valid. You will then need to pursue a real EAD if you do not want to wait for the completion of your AOS processing. That EAD will cost you $180.

http://www.uscis.gov/graphics/formsfee/forms/i-765.htm

The processing time will vary. But if you do not receive an EAD after 90 days based on your priority date NOA1 for I-765, you can apply for a interim EAD that is free from your local USCIS office.

If you do not receive a temporary EAD at the POE you end up waiting until you file for a real EAD based on your AOS filing which can be done in one package which is sent of to the lockbox.

Having any kind of EAD alone is not sufficient to work. You will also need to get a social security card. Again the processing times for that vary.

And if your fiance(e)s/wives are working now, how did they do it, and how long did it take?

My wife now working. She started working on the second day after we filed for AOS at a walkin appointment at our local USCIS office. Two years ago it was still possible to do these and at our office EAD's were issued on the spot. She no longer has an EAD, because the greencard has superseded it. It took us 70+ days to get married and less than a week to find a job and receive an EAD card.

Only POE that seams to be giving out Temp EAD is JFK... it is only valid for 90 days and then you have to stop work... there will be a gap of a few weeks or more before the 1 years EAD that you file for with AOS will be issued...

I agree with the JFK statement but disagree with the "must" stop working statement. And my explanation is based on the INA§245(a) and (c )

245(a) normally would prevent someone from adjusting status if they are inadmissible. Common grounds for becoming inadmissible are:

212(a)(6)(A)(i): Immigration violators

212(a)(9)(B )(i): Unlawful presence.

Our concern here is unlawful presence which occurs when you work when you are not authorized as Kezzie has stated in his response.

However, upon looking at 245( c ), this section says, not withstanding the provisions in 245(a) an immediate relative is exempt from the unlawful presence factors which would disqualify many other applicants for adjustment of status.

Thus one may both overstay their status and work while not being unauthorized while successfully adjusting status to an immediate relative such as a spouse as stated in Slim's response.

There is a catch though. While someone is in unlawful status such as working without authorization they are still deportable and can be placed in removal proceedings.

But odds are ICE (immigration and customs enforcement) isn't going to pick you up unless you present yourself to an immigration official at your cognizance such as an airport or are picked up by the criminal justice system who then place an ICE hold on you.

I hope this complicated but fuller explanation better guides you on the course of action you choose to follow.

For a full view of the law go to:

http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act245

http://www.uscis.gov/lpBin/lpext.dll/inser...ame.htm&2.0

Edited September 13, 2006 by Satellite

[Kez/JWolf 6]

I was asked at my interview if I had done any work without EAD..... Yes it can be forgiven if you are married to a USC but if we do not need an EAD to work then why do we have to apply for one and pay the fee?

Working on your theory you can work without ead because it will be forgiven.... so save yourself the $180 and dont bother to file for EAD.... But I wanted to make sure I did everything right as getting my Greencard so I could remain with my husband is way more important to me than having a job... saying that you need to work is just an excuss as everyone who is doing AOS has to submit sponsor details showing that they have enough to support the immigrant without them having to work.....

But it is an individual choice I guess... you either accept the rules or you pick out the bits you like and ignore the bits you dont and hope for the best....

Good Luck

Kezzie

Edited September 13, 2006 by Kezzie

[Satellite 1]

if we do not need an EAD to work then why do we have to apply for one and pay the fee?

As I pointed out in my previous post, I took issue only at the part that you "must" stop working while you wait for your real EAD. Obviously we apply for an EAD because it is hard to get hired without one in the first place. But once hired, to quit your job while you wait for the government to give you a benefit you would receive otherwise if it was not for their backlog doesn't always seem rational. The loss of a steady full time job because you had to stop will result in a lot more money than the $180 EAD cost.

But it is an individual choice I guess... you either accept the rules or you pick out the bits you like and ignore the bits you dont and hope for the best....

I couldn't agree more. INA§245(c ) explicitly states that 245(a) (unlawful presence and unauthorized work) will be ignored if you are an immediate relative. That is the law. There is no hope or luck involved here.

It is not about picking out which part of the law you like most, but rather picking out the law that applies to your fact pattern.

As I understand for some people like myself, if we don't have that second income we go under. So each situation is unique and should be examined on an individual basis.

[russ 1]

It is not about picking out which part of the law you like most, but rather picking out the law that applies to your fact pattern.

As I understand for some people like myself, if we don't have that second income we go under. So each situation is unique and should be examined on an individual basis.

This really depends on your employer as well. Some keep better records about expiration dates than others. For a small business, you are probably safe. For WalMart, they never know when the Gov't might decide to crack down (so they are more careful).

In my wife's case, the EAD was 1 month late, she ended up working almost 3 weeks to make about $500. It cost us far more getting her to work (she doesn't drive yet) than she made. For us, it was a lot of aggrivation that didn't help us money-wise.

It also ended up ending our marriage. I would say that the EAD makes sense if you are likely to start a job paying at least $40,000/yr, and can drive. Otherwise, it is more trouble than it is worth if your income is relatively high to begin with.

[slim 1,530]

Thanks for the info guys. (Especially Satellite. Man, that law school is sure paying off! You could probably start charging people now....)

So, the one thing that Kezzie, Satellite, and Russ' stories all have in common is that it almost sounds like she shouldn't work until after we're married and start the AOS process. That seems like the easiest way to go. That is, if I can keep us afloat on my single income.

Thanks again, all.

[slim 1,530]

UPDATE:

Bought the ticket yesterday from SVO to CVG routed through JFK. So, if there's a chance to get a work permit, that'll be the place to get it.