Two Biggest Benefits of a Green Card Application: Employment Authorization and Travel Document
My name is Rod Armande and I am an immigration and personal injury attorney based out of Los Angeles, California. One of my primary focuses in immigration law are green card applications. I am writing this blog to highlight the two biggest ancillary benefits of having a pending green card application. These two benefits are more often than not overlooked by green card applicants, especially the ability to apply for a travel document.
When you apply for a green card (also known as adjustment of status) by filing Form I-485, Application to Register Permanent Residence or Adjust Status, there are a few other forms that you should submit including Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document.
Employment Authorization Document
Form I-765, Application for Employment Authorization, is filed when one is seeking permission to work legally in the United States. There are several ways a person can receive work authorization. For purposes of the green card application (adjustment of status pursuant to Section 245 of the Immigration and Nationality Act, “INA”), the work authorization falls under category “(c)(9)”. On September 27, 2023, United States Citizenship and Immigration Services (“USCIS”) announced an increase in the validity period to 5 years for initial and renewal Employment Authorization Documents (“EADs”) for certain noncitizens who are employment authorized incident to status or circumstance, including noncitizens with a pending adjustment of status application under Section 245 of the INA. However, whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD card.
On average, it is currently taking approximately 6 months to receive your employment authorization (EAD card), which can be used to legally work, apply for state driver’s license and/or state identification documents, and apply for other state and federal benefits. This is extremely helpful for most immigrants awaiting adjudication of their green card application, which on average is currently taking approximately 14 months, because having an employment authorization card allows them to legally work and get a driver’s license to legally drive before receiving their green card. That is approximately 8 months or longer that an immigrant can benefit from the advantages of having a EAD card before they receive their green card. *The processing times are based on the average processing time for each application as of the date of this article. The processing times are subject to change.*
Travel Document
Form I-131, Application for Travel Document, is filed under different circumstances including when filing a green card application (Form I-485). Form I-131, Application for Travel Document, is filed when the applicant intends on lawfully departing and reentering the United States while their green card application is pending and before they have received their green card. Upon receipt of your green card, you can lawfully depart and reenter the United States with your green card.
On average, it is currently taking approximately six (6) months to receive your travel document, which can be used to legally depart and return to the United States before adjudication of the green card application. This can become extremely important for someone who may need to travel abroad for work or a family emergency before they receive their green card. *The processing times are based on the average processing time for each application as of the date of this article. The processing times are subject to change.*
I think it is a mistake not to apply for a travel document because you never know what may happen that may require you to leave the United States before you’ve received your green card. The travel document application is included in the filing fee that you pay for the adjustment of status application so it won’t cost you anymore money (and an attorney should never charge you more to file this form with your green card application). Additionally, the supporting documents for the travel document application overlap with the adjustment of status application. It is really just a matter of properly filling out another form, Form I-131, Application for Travel Document to apply for the travel document so go ahead and apply for a travel document.
Make sure to apply for your EAD and Travel Document when submitting a Adjustment of Status application under Section 245 of the INA. They are two useful benefits that most applicants don’t want to miss out on!
For more information on Marriage Based Lawful Permanent Residency see my article by clicking on the following link: https://www.rodarmandelaw.com/blog/immigration-lawyers-guide-to-marriage-based-green-cards.
The content in this blog is for informational purposes only. Nothing stated herein should be construed as legal advice. It is for general purposes only and does not establish an attorney-client relationship. I strongly encourage you to seek legal counsel to assist you with your legal matter.
