Work Permit for Undocumented Spouse of U.S. Citizen

As a U.S. citizen, you have the right to legally work in the United States. However, if your spouse is an undocumented immigrant, they may not have this same privilege. But don’t worry; there are options available for you and your spouse to obtain a work permit. At Joseph & Hall P.C., we understand immigration law and are here to guide you through the process.

What is the Parole in Place Program?

The Parole in Place (PIP) program allows certain undocumented spouses of U.S. citizens to obtain legal status without leaving the United States. This program can be especially beneficial as it provides the opportunity to adjust status and apply for a work permit.

Eligibility Criteria for Parole in Place

To be eligible for Parole in Place under the recent Biden Administration updates, individuals must meet the following criteria:

1. Marital Status: Must be married to a U.S. citizen as of June 17, 2024.
2. Residency: Must have resided in the U.S. since June 17, 2014.
3. Criminal Background: Must not have a disqualifying criminal history or be deemed a threat to national security or public safety.

Steps to Obtain a Work Permit

Step 1: Consult with an Immigration Lawyer

Before taking any action, it is crucial to consult with an immigration attorney to ensure that you meet all the eligibility criteria and to help you navigate the complexities of the application process.

Step 2: Gather Required Documentation

Collect all necessary documents, including proof of marriage, evidence of continuous residence, and any other required forms.

Step 3: Prepare and Submit Applications

• For Parole in Place: Submit Form I-131, Application for Travel Document, to request parole status.
• For Work Permit: Submit Form I-765 along with the required documentation.
• For Adjustment of Status (if applicable): Submit Form I-485 along with Form I-130, Petition for Alien Relative, if not already filed.

Step 4: Pay Applicable Fees

Be prepared to pay the processing fees associated with each form. Fee waivers may be available for those who qualify based on financial hardship.

Step 5: Attend Biometrics Appointment

After submitting your application, you will receive a notice for a biometrics appointment where your fingerprints, photograph, and signature will be collected.

Step 6: Wait for Processing

Processing times vary, but you will typically receive your Employment Authorization Document (EAD) within 90 days from the date of application receipt.

Step 7: Receive and Use Your Work Permit

Once you receive your EAD, you can legally work in the United States. Keep your permit safe and renew it before it expires.

Required Documents for Application

To ensure a smooth application process, collect the following documents:

• Marriage certificate.
• Proof of continuous residence since June 17, 2014 (e.g., utility bills, lease agreements).
• Proof of identity and national origin (e.g., passport).
• Form I-94 or other proof of parole status.
• Completed Forms I-131, I-765, and I-485 as applicable.
• Photos meeting USCIS specifications.

Contact Us

At Joseph & Hall P.C., we understand the intricacies of immigration law and are ready to guide you every step of the way. If you or a loved one need assistance with the Parole in Place program and obtaining a work permit, contact us to schedule a consultation with one of our skilled attorneys.