The Employment Authorization Document And Travel Document Application

1. The Employment Authorization Document (EAD) Application

When you send the I-485 application to USCIS, you may also submit an I-765 form for Employment Authorization Document (EAD) application, if you want to work in the United States while your I-485 application being processed.

The Immigration and Nationality Act is a law that governs the admission of all persons to the United States. Part of the law about Employment Authorization Documents defines the employment authorization responsibilities of both employers and employees. USCIS issues Employment Authorization Documents to prove you are allowed to work in the United States.

The specific categories that require an Employment Authorization Document include applicants adjusting to permanent residence status; asylees and asylum seekers; refugees; students seeking particular types of employment; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials.

2. The Travel Document (Advance Parole) Application

If you need to travel outside the United States while your I-485 application being processed, you need to send an I-131 form to USCIS for Travel Document application. The legal foundation for requiring these travel documents comes from the Immigration and Nationality Act (INA), which defines documents required to admit aliens and control their travel. Any immigrant who does not have the correct travel documents will not be admitted to the United States.

For non-citizens, you need permission to return to the United States after traveling abroad. This permission is granted through a travel document. Travel documents are also given to people who want to travel, but cannot get a passport from their country of nationality. You must file USCIS Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees.

Travel outside of the United States may trigger the three or ten year bar to admission for adjustment applicants. This ground of inadmissibility is triggered if you were unlawfully present in the United States (i.e., you remained in the United States beyond the period of authorized stay) for more than 180 days before you applied for adjustment of status and you traveled outside of the United States while your adjustment of status application was pending.

 

 

 

 


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