Employment authorization for I751 denial

[andy78 178]

My Green Card extension stamp expires June 2016. It is possible that I will receive a denial for my I751 application (with good faith waiver) sometime between now and June 2016, and be entered into removal proceedings.

My question: In the above scenario, what are the options regarding obtaining employment authorization during the removal proceedings. Will there be a way of getting employment authroization sometime before my extension expires, so that I can keep my current job without interruption?

Thanks.

[Elf 146]

* Organizer hat off*

My personal opinion is that removal proceedings are not something you should attempt to handle without the advice of a competent and experienced attorney. The stakes are too high to rely on the sort of advice available on a forum like this. In your situation, I'd start by getting a free consultation with an attorney, which will help you get a rough idea of whether your waiver application is likely to be denied and what your options might be if that happens. Your profile says that you're in DC, so finding an attorney shouldn't be too hard - you'll probably trip over one if you step outside

* Organizer hat back on *

- Moved from Removing Conditions On Residency general Discussion to Effects Of Major Family Changes On Immigration Benefits -

- Question is about options if I-751 waiver is denied and applicant placed in removal proceedings -

[andy78 178]

* Organizer hat off*

My personal opinion is that removal proceedings are not something you should attempt to handle without the advice of a competent and experienced attorney. The stakes are too high to rely on the sort of advice available on a forum like this. In your situation, I'd start by getting a free consultation with an attorney, which will help you get a rough idea of whether your waiver application is likely to be denied and what your options might be if that happens. Your profile says that you're in DC, so finding an attorney shouldn't be too hard - you'll probably trip over one if you step outside

* Organizer hat back on *

- Moved from Removing Conditions On Residency general Discussion to Effects Of Major Family Changes On Immigration Benefits -

- Question is about options if I-751 waiver is denied and applicant placed in removal proceedings -

Thanks for the suggestion. I agree. But I still would like someone here to answer my question if they can.

[newacct 688]

You can get a temporary I-551 stamp once you are put into removal proceedings, as mentioned at the end of this memo.

[andy78 178]

You can get a temporary I-551 stamp once you are put into removal proceedings, as mentioned at the end of this memo.

I wonder if this applies in my case, since the memo (which is from 2003) talks specifically about those who lost their status due to inability to file the I751 petition with the waiver option, because the divorce was not yet finalized, and at the same time cannot file a joint petition because they are seperated and in the process of divorce. In that case the court issues a continuance to allow them to finish the divorce process, and the temporary I-551 is given. I don't know if the same would apply to someone who filed an I-751 and was denied.

[andy78 178]

The answer I found:

You are eligible for I-551 stamp issuance by USCIS if both of the following conditions apply: You are in removal proceedings, AND you renew your I-751 application through the court during the removal proceedings. Until those two conditions are met, you are not eligible for an I-551 stamp following the denial of your initial I-751. I do not know how long it usually takes after receiving the denial to start the removal proceedings.

The memo mentioned in newacct's answer above is related to a different scenario, in which a person is unable to file the I-751 on time for the reasons mentioned in the memo. So it doesn't apply to my question.