Work Permit for Respondent Who File I-485 in Immigration Court

Removal Proceedings, Adjustment of Status, AOS, Employment Authorization, I-485, I-765, Permanent Residece

Credit: GettyImages

This article is about the announcement from Immigration court to update respondents on the procedure to apply for a work permit after the submission of I-485.

The lawsuit was brought up in January 2011 to challenge US Citizenship and Immigration Services’ (USICIS) adjudication of employment authorization applications.

Plaintiffs are aliens who are in removal proceedings in the Immigration Court in Los Angeles, Califronia, who renewed their adjustment of status application in removal proceeding and who were denied employment authorization by USCIS.

Plaintiffs alleged that USCIS was unlawfully finding that an alien in removal proceedings who renewed his application for adjustment of status in removal proceedings did not have a pending application for employment authorization purposes. Furthermore, Los Angeles Immigration Court was not providing them with documentary evidence that demonstrated that they had renewed their adjustment of status applications in removal proceedings.

The settlement is negotiated in an action in the US District Court for the Central District of California in Dayo, et al. v. Napolitano, 11-cv-00728.

Qualifications for this settlement:

  • Filed an I-485, Application to Register Permanent Residence or Adjust Status with USCIS,
  • Had their I-485, Application to Register Permanent Residence or Adjust Status denied by USCIS
  • Were Issued a Notice to Appear by the Department of Homeland Security
  • Are in removal proceedings before the Los Angeles Immigration Court
  • Renewed, will renew or will file a motion to review their I-485, Application to Register Permanent Residence or Adjust Status, in removal proceedings befoe the Los Angeles Immigration Court
  • Filed an I-765, Application for Employment Authorization with USCIS, in order to seek employment authorization during the pendency of their removal proceedings
  • Had their I-765, Application for Employment Authorization, denied by USCIS on the basis that they did not have evidence of a pending I-485, Application to Register Permanent Residence or Adjust Status, before the Los Angeles Immigration Court.

If you fit all of the above requirements and have filed an individual action in federal court seeking review over USCIS’s denial of your employment authorization claim, please note that USCIS cannot adjudicate your application under the settlement agreement. To benefit from the settlement adjudication benchmarks, you must voluntarily dismiss your action. The effective result of the agreement is that the Los Angeles Immigration Court will be able to provide you with proof of renewed filing of an adjustment application in order to support any I-765 application that is properly filed with USCIS in the future. Should your future application filed under the settlement agreement be denied, you would be able to refile your individual action against USCIS. In addition, should your application be denied, you are not barred from bringing a case against USCIS after exhaustion of any administrative remedies.

The decision to dismiss your individual case is left to you.

For more information and advice on immigration issues?

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JCS Immigration & Visa Law office is located at
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