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My husband had his motion to reopen his deportation case granted by the BIA .can he apply for awork permit now ?

New York, NY |

his i-130 was approved . and we want to adjust his status before the immigration judge

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Attorney answers 3


When I-485 is filed with the immigration court, he can seek EAD as an incident to I-485.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


Yes, the moment you file the I-485 you'll also file for the I-765 for employment authorization as part of the I-485 AOS, free of extra charge.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Your husband can apply for a work authorization only together with the adjustment of status application (I-485).

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