Winter Park, FL asked in Immigration Law for Florida

Q: Is an EAD included in an i-360 form?

If I file a form i-360 by itself and I check the box “yes” for question 12 of Part 10 that states "I am currently residing in the United States and I request an Employment Authorization document". Would I still have to file an i-765 along with the i-360 to get an EAD or can the EAD be applied for inclusive of the i-360?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: The Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, does not directly include an application for an Employment Authorization Document (EAD). Checking the box "yes" for question 12 of Part 10 on Form I-360 only indicates that you are requesting an EAD, but it does not serve as the actual application for the EAD.

To obtain an EAD, you will need to file a separate Form I-765, Application for Employment Authorization, along with your Form I-360. The I-765 is the specific form used to apply for an EAD.

When filing Form I-765, you will need to provide the appropriate eligibility category based on your status and the basis for your I-360 petition. The instructions for Form I-765 will guide you in determining the correct eligibility category to use.

In summary, even if you check "yes" on question 12 of Part 10 on Form I-360, you will still need to file a separate Form I-765 to apply for an EAD.

1 user found this answer helpful

Ileana M Rivera
Ileana M Rivera
  • Immigration Law Lawyer
  • Orlando, FL

A: Hello, the I-360 provides work authorization when the I-360 is approved. Processing times may be a over a year. If you want work authorization prior to the approval of the I-360 the I-765 can be submitted.

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