Is the spouse in a legal status eligible for Employment Authorization Document through asylum ?

Hi, I would like to find an answer to the following question. I am married and my wife has applied for asylum. INS has transferred her case to the court for the further review. After 2 weeks, upon receiving the results of the interview at the INS building, the representative who renders the results told me that I am not eligible for EAD since I am in the status. However, I have consulted with the lawyer who thinks I am eligible to apply for EAD with my wife (asylee) after 150 days. Two different answers confuses me, to which I am eager to find a valid answer. Thank you for your contribution, beforehand!

Brooklyn, NY -

Attorney Answers (1)

Nicolas Andres Olano

Nicolas Andres Olano

Immigration Attorney - Miami, FL
Answered

As a dependent you should be able to file for EAD after the 150 days of the filing of the application. The difference between you and your wife is that she is in removal proceedings and she is not. Follow your lawyers advice.

www.olanolaw.com

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