San Diego, CA asked in Immigration Law for California

Q: Can I work whileI am waiting for my Green Card to be approved?

I am from Brazil, out of status right now, I just got married to my spouse who is a permanent resident. We just applied for my spouse visa and sent the I-765 form. Does it take longer to be approved my work permit because my wife is not a citizen or it supposed to be approved soon? Will I be able to work before my green card gets here? Many thanks

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1 Lawyer Answer
Kyndra L Mulder
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Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: No you are not authorized to work until your priority date is reached. As the spouse of an LPR an immigrant visa is not immediately available to you and neither is an EAD.

Once your spouse is a USC you will be immediately eligible for an immigrant visa.

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