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Can my dad file a form I-765?

Glenwood Springs, CO |

My dad was arrested in December and was in County Jail for about 30 days. He was placed under an ICE Hold when he was arrested. When he was released from County Jail, he was supposed to be held at the County Jail for a few days to allow ICE to come pick him up. When ICE arrived for pickup, they decided to release him and he was told he could apply for some kind of permit (I am assuming they were referring to an EAD). Is there in fact a way for my dad to get an Employment Authorization Card?

I do not believe he was assigned an A number.

If he was not given the I-94 card, is there a way to check for removal proceedings maybe by asking the County Sheriff? Is it possible they forgot to give him the I-94 card? It is certainly possible that he lost it.

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Attorney answers 3

Best Answer
Posted

When ICE released him on his own recognizance (without a bond) ICE most likely placed him in removal proceedings in immigration court. As such, he must have been issued an I-94 card which reads "In proceedings". That card contains an "A" number assigned to him and gives him the right to apply for an EAD.

But that's not the real issue. What the issue here is that he is most likely in danger of being deported, unless he successfully invokes the defense of cancellation of removal, who h could also win him a green card in court. But he needs to prove to have "good moral character".

It is this URGENT that he immediately consults worth and hopefully hires a reputable and experienced immigration lawyer to successfully represent him in immigration court.

Behar Intl. Counsel 619.234.5962 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.

Asker

Posted

If he was not given an I-94 card, is there a way to check for an A# or an I-94? Maybe they forgot to give him the I-94 card, or maybe he lost it. Thanks again.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You'll need to check with the nearest ICE office. I hope our answers were helpful.

Asker

Posted

Thanks again Mr. Behar. This has been very helpful.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You are very welcome! My absolute pleasure. Please do not forget to designate a "Best Answer" to your question.

Posted

The document he was given when released can also have specific instructions for him during release. Follow them. His A number will be on this document, and it often gives details of work eligibility. This is now an emergency and time to seek an immigration attorney.

Posted

Yes. Consult an immigration attorney.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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