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How long does it take to receive an EAD card after my biometrics appointment (green card application through marriage)?

Los Angeles, CA |

USCIS received my green card application through marriage on 4/5 (my husband is a USC), and I did my biometrics on 5/6. How long does it usually take to receive the work permit? And if I work now, is it illegal? Or it is not a big problem for my green card application? Thank you for your help.

I am in Los Angeles

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Attorney answers 3

Best Answer
Posted

USCIS typically issues the EAD within 90 days of filing the application. It is a little late to be concerned with whether your employment is illegal or not considering you are currently working. Assuming you do not currently have employment authorization, your employment is illegal. An alien can only work in the United States with employment authorization.

However, your unlawful employment will be excused as you are seeking adjustment of status through a U.S. citizen. You must disclose your employment to USCIS. You cannot mislead USCIS about your employment as that can lead to more serious consequences.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Asker

Posted

Thank you very much Wendy. I am not working now. Just curious whether I can work now without my EAD card.

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

You must have employment authorization to legally work in the United States. If you work without authorization, you would still be able to adjust your status based upon your marriage to a U.S. citizen, but you must disclose the employment.

Posted

The USCIS takes approximately 90 days to issue a new EAD card, from the date of original filing. In some case, it may take more or less time.

Posted

USCIS has 90 days from date of filing to issue an EAD.

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.

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