Sun Prairie, WI asked in Immigration Law for Wisconsin

Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

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2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Whether you are entitled to an EAD depends on why you are in removal proceedings and whether you still have an I-485 pending. You should consult with an experienced immigration attorney.

1 user found this answer helpful

Liliana Gallelli
Liliana Gallelli
Answered
  • Immigration Law Lawyer
  • Napa, CA

A: There are many ways you can qualify for a work permit. One way is if you are eligible for Cancellation of Removal as an application for defense from removal. If you have lived in the US for over 10 years (not more than 90 days absent during those 10 years), if you have "good moral character" and you have a qualifying relative (e.g. a US born child), you could qualify for Cancellation of Removal. If this is an available defense, then you can apply for a work permit for the duration of the removal proceedings. There are many other defenses to explore such as eligibility for asylum, and any benefit for which you qualify, that could allow you to file for a work permit.

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