My fiancé and I are getting married. He has been living here illegally for 10 plus years. Entered legally, over stayed. College educated. No criminal history. I'm wondering, once I file paperwork for him, how long does it take to get work authorization. It's important because I'm pregnant and will not be able to work pretty soon. Also, I live in RI and he lives in NY. We will move in together as soon as we get married.
A work permit takes up to 90 days from the date of filing. Estimated processing times for Adjustment of Status are as posted on the USCIS website.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
2-3 months assuming everything is filed correctly.
Generally, issuance of the EAD after filing an I-130/I-485 takes about 3-4 months now, but the total time it will take to process your case as a whole depends in part on processing times at the local USCIS district office that will have jurisdiction over your case from the time of interview through adjudication. That, in turn, depends on where the two of you will live together once you get married, Rhode Island or New York, and if the latter, where in New York state you plan to live.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.