Form I-765

Immigration Attorney Vianey Hurtado
By: Vianey Hurtado
Immigration Lawyer
Licensed in Arizona since: 2014

Form I-765 & Employment Authorization Document (EAD) Immigration Attorney In Phoenix, AZ

When applying for a green card in the U.S., you're generally not allowed to work until you obtain a work permit. Working without this permit can lead to your green card application being denied, in certain circumstances. To work legally while waiting for your green card, you must apply for an Employment Authorization Document (EAD) by submitting Form I-765. Getting a work permit is usually a quicker process than getting a green card in the U.S. It's important to complete the I-765 application correctly, and hiring an experienced immigration attorney can help you track its progress to avoid any issues.

If you need to apply for a work permit in Phoenix, AZ, please contact experienced immigration attorney Vianey K. Hurtado. When you work with attorney Vianey K. Hurtado, she will help ensure that all application forms are correctly completed, guiding you toward achieving your immigration goals. With proven results, Vianey Hurtado brings professional experience and a personal understanding of the immigration experience, being an immigrant's daughter herself. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

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Who Can File Form I-765 In Arizona?

Form I-765 is used to apply for an Employment Authorization Document (EAD), which is required for certain non-citizens to work in the U.S. The eligibility for an EAD depends on the underlying petition or immigration status that you are seeking in the United States. Examples of when an individual may apply for an EAD include:

  1. Applicants with pending I-485 applications for adjustment of status;
  1. Applicants with a pending I-589 application for asylum before USCIS;
  1. Applicants with a pending application such as 42-B cancellation of removal or asylum before the Immigration Court;
  1. Applicants with approved I-821D DACA;
  1. Applicants with approved Deferred Action based on VAWA, U visa, or T visa;
  1. Applicants with approved Deferred Action based on Military or Labor Violations;
  1. Applicants with approved Special Immigrant Juvenile Status and a grant of Deferred Action are authorized;
  1. Applicants with authorized working non-immigrant visas, although some employment visas do not require an additional EAD, if their status allows them to work for a specific employer.

Each of these groups must carefully follow the application process rules and requirements set by USCIS. You must know and understand the specific category that you are applying under before filing the application for an EAD. The EAD is an important document that authorizes employment in the United States. Hiring an immigration attorney in Phoenix, AZ, can help ensure you correctly complete your application.

What Are The Requirements For Form I-765 In Arizona?

Filing Form I-765, Application for Employment Authorization, requires submitting specific documents to prove your identity and eligibility. Here's a detailed breakdown of the necessary documentation:

General Requirements:

  1. Passport or Identification: Include a copy of your passport, travel document, or identification. This helps verify your identity and nationality.
  1. Passport Photos: Submit two 2x2 inch passport-style photographs. On the back of each photo, write your full name and Alien Registration Number (if applicable).
  1. Latest EAD Card (if applicable): For those who previously had an EAD, include a copy of your most recent EAD.
  1. Receipt Notice or Approval Notice from USCIS: If you are applying based on an approved application or grant of deferred action, the approval notice is needed to accompany the application. If you are applying as part of a green card process (adjustment of status), include a copy of the receipt notice from USCIS.
  1. Applicable Fee: The filing fee for an I-765 is generally $530. However, there are some categories of EADs that require a lower filing fee, such as an EAD based on a pending application for adjustment of status, or no filing fee, such as an EAD based on a grant of deferred action in connection with VAWA, U visa, T visa, etc. 

Additional Requirements for First-Time Applicants:

  1. Birth Certificate and Identification: Provide a copy of your birth certificate and another ID form. The ID should ideally have your photo and, if available, a fingerprint.
  1. Other Photo ID Documents: Include any other identification documents bearing your photo and fingerprint if available. This could be a national ID card or other government-issued ID.

For each category of applicants, these documents collectively help USCIS verify your identity, immigration status, and eligibility for employment authorization. It's essential to ensure that all copies are clear and legible and that the submitted documentation is up-to-date and accurate. Depending on your specific situation or immigration category, additional documents may be required, so it's advisable to consult the latest USCIS guidelines or seek legal advice if needed.

How Do I Renew My EAD In Arizona?

Renewing your Employment Authorization Document (EAD) is a crucial step for maintaining legal work authorization in the United States. Here's a more detailed look at the renewal process:

  1. Timing for Renewal: It's recommended to submit your renewal application for the EAD at least 180 days before your current EAD expires. This timing is crucial as it helps ensure that there's no gap in your employment authorization. Processing times can vary, so applying early helps mitigate the risk of having a period without legal work authorization.
  1. Filing a New Form I-765: To renew your EAD, you must complete a new Form I-765, Application for Employment Authorization. This form is similar to the one you initially filed but should be marked for renewal. Ensure that all information is current and accurately reflects your current immigration status and personal details.
  1. Filing Fee: The renewal process typically requires payment of a filing fee, unless you fall under a category where no fee is required. This fee is subject to change, so it's important to verify the current amount on the USCIS website or through other official channels before submitting your application.
  1. Fee Waiver Request if applicable: If you're unable to pay the filing fee due to financial hardship, you can request a fee waiver. To do this, you must submit Form I-912, Request for Fee Waiver, along with your Form I-765. You'll need to provide evidence of your financial situation to qualify for the waiver. Please note that a fee waiver is not available to those who are filing under the category for DACA.
  1. Submission Process: The completed Form I-765 and any accompanying documents, including the fee waiver request, if applicable, should be submitted according to the instructions provided by USCIS. This may involve mailing the documents to a specific USCIS address or filing online if that option is available.
  1. Documentation: Along with your Form I-765, you might need to submit additional documentation. This could include a copy of your previous EAD, a recent passport-style photograph, and other relevant immigration documents.
  1. Processing Time: Processing times for EAD renewals can vary based on several factors, including the workload at the USCIS service center handling your application. It's wise to check current processing times and plan accordingly.
  1. Maintaining Status: While your renewal is pending, make sure you maintain your underlying immigration status. A lapse in status could affect your eligibility for work authorization. Certain categories allow for an automatic extension upon receipt of your receipt notice. 
  1. Tracking Your Application: Once you've submitted your renewal application, you can track its status through the USCIS website using the receipt number provided. 

By following these steps and planning ahead, you can smoothly renew your EAD and ensure continuous legal work authorization in the U.S. Remember to stay updated on any changes to USCIS policies or procedures that might affect your renewal application.

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Contact A Form I-765 & Employment Authorization Document (EAD) Immigration Attorney In Phoenix, AZ

If you are going through the green card application process in the U.S., careful attention must be paid to employment authorization rules. Unauthorized work during this period risks not just the denial of your green card application but potentially a lengthy ban from the country. The next step to obtaining an Employment Authorization Document (EAD) is completing Form I-765. Ensuring the accurate completion of this form is critical, and the support of an experienced immigration attorney can be incredibly helpful.

If you need assistance with a work permit application in Phoenix, AZ, you should contact an immigration attorney. Attorney Vianey K. Hurtado has helped many people receive their work permits in the U.S. and understands the importance of an EAD for you and your family. She can guide you through the entire visa application process, filing form I-765 and getting your EAD. Our law firm offers services in Spanish and serves the areas of Phoenix and Yuma. Contact us today for a thorough case evaluation.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Vianey K. Hurtado Law’s legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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