At a liaison meeting in May 2014, the USCIS National Benefits Center confirmed that it will adjudicate and approve Employment Authorization application on Form I-765, for eligible person who are in deportation/removal proceedings, but noted that the burden is on the applicant to establish his or her eligibility for employment authorization. USCIS provided an overview of the types of documents that an EAD applicant in proceedings may submit to support this application:
- Form I-862, Notice to Appear (NTA) filed with the Court
- Letter from ICE or the Immigration Court confirming Form I-862 has been filed with the Court
- A notice of hearing (with a future date)
- Documentation that an application for immigration benefits which forms the basis for EAD eligibility has been filed or renewed with the Court, such as a date-stamped copy of the application.
- An Immigration Judge’s order granting a motion to reopen.
If you or a loved one are in removal proceedings and would like information on how to obtain an Employment Authorization Document (EAD), please contact our Los Angeles lawyers now for a FREE consultation.