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Is it possible to get a work permit while in removal proceedings?

Fort Lauderdale, FL |

Hello there.I was put in removal proceedings. I applied to adjust my status through my wife who is a US citizen. I-130 was approved then revoked. I-130 decision appeal is currently pending with the BOA ( almost 2 years) meanwhile Immigration Judge denied continuance of case and granted voluntary departure. Another appeal was sent to BOA for the IJ decision.(1 year ago). Please does anybody know any way that I could get a Work Permit because it is really hard to support my wife and kids without being able to work. I am looking for second opinions from knowledgeable lawyers since my lawyer seems to have made more than one mistake throughout the process. Thanks for your time.

I do have a pending I-485 (pending for 3 years now).

Attorney Answers 4


  1. Does not seem like it to me based on the information presented. If you have lost confidence in your lawyer, then find a new one. Cases like yours have no place on general information boards. Way too complicated for here.


  2. I would also file a new I-130. As for EAD I would file with the I485 you started with as it is a continuing application.

    This is not legal advice and a client attorney relationship is not created.


  3. You really should schedule a consultation with another attorney and have him/her review your entire file. You should feel confident / comfortable with the attorney representing you. If you are not, I recommend you get another opinion. Ask around your are for an attorney qualified with BIA appeals etc.


  4. If you have an I-485 pending, even on appeal to the BIA, then you are entitled to employment authorization. However, if your I-130 was approved and the revoked I have doubts as to whether the I-485 is really pending (though it may very well be with the disclosure of more facts). From the facts you have presented, however, your case is obviously complicated. Consult with an experienced immigration attorney for a review of your case and advise on how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation.

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