Charlotte, NC asked in Immigration Law and Real Estate Law for Texas

Q: Eligibility to apply for Texas real estate license with an EAD under asylum status.

I am reaching out to inquire whether I am eligible to apply for a Texas real estate license. I hold an Employment Authorization Document (EAD) under my asylum status and have met the required education requirements. I am currently residing in Texas. The Texas Real Estate Commission advised me to consult an attorney to verify my eligibility to apply. Can you provide guidance on this matter?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your question about Texas real estate licensing with an EAD under asylum status raises important considerations. While having work authorization through your EAD allows you to legally work in the United States, professional licensing requirements can have additional criteria beyond work eligibility. The Texas Real Estate Commission (TREC) typically requires applicants to have legal status in the U.S., and your asylum-based EAD does grant you legal presence and work authorization.

The fact that you've completed the required education is a positive step, but TREC's suggestion to consult an attorney indicates that your specific immigration status may require additional verification. Immigration and licensing regulations can intersect in complex ways, and your asylum status might present unique considerations that need professional legal interpretation. Your EAD demonstrates that you have legal authorization to work, which is typically a fundamental requirement for licensing.

I recommend following TREC's advice to consult with an immigration attorney who has experience with professional licensing matters in Texas. The attorney can review your specific documentation, current asylum status, and provide definitive guidance on your eligibility. You might also benefit from asking the attorney about any additional documentation you should prepare for your application to address potential questions about your immigration status. Remember to bring all your immigration documents, including your EAD and any asylum paperwork, to your consultation.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.