Other General Immigration: FAQs

To obtain work authorization you must file an I-765 application with the Immigration Service at either a local office or at a service center. Upon approval of the application you will receive the authorization in the mail.

This process generally takes from 3 to 4 months after the application is filed and eligibility is established. You must have a legal basis to obtain the authorization.

Immediate family members may be eligible for asylum status with all its benefits such as work authorization and being able to legally remain in the U.S., as long as they have been named in the alien’s asylum application, even if any of the named family members are not present in the U.S. at the time the application is filed.

• Applicant has been a lawful permanent resident for five years (or three years for spouses of United States Citizens);
• Applicant is 18 years old;
• Applicant is of good moral character;
• Applicant can speak, read, and write English;
• Applicant must pass a test on U.S. history and government;
• Applicant was physically present in the U.S. at least half the requisite time;
• Applicant has maintained lawful permanent residence continuously; and
• Applicant swears loyalty to the U.S. by taking an oath of allegiance.

Benefits include the right to vote in all government elections (federal, state and local), and the fact that certain family members may be immediately eligible to receive citizenship, such as minor children. Other family members are eligible to receive a green card with shorter wait periods than family members of residents (see Family Based Residency section for estimated wait periods).

To obtain a tax ID number you must file the form W-7 with the IRS with evidence of identity, like a copy of your passport. You will receive the number in the mail with approximately within 1 to 2 months.

1. Misstating filing status. If you are married and living with your spouse, you cannot file as single, head of household, etc.
2. Declaring dependents who are not dependents according to the definition in the tax code. You may not claim as dependents individuals or family members not residing in your house (specially if they do not live in the U.S.). There are specific conditions that must be met in order for a person living in your house to be a dependent. Make sure you review these carefully with your accountant or tax preparer.
3. Under reporting or not reporting income. All income received must be reported by law. If you have a household of four persons and you are claiming less than $10,000, or an extremely moderate income, it is questionable and could lead to an investigation.

Note: This does not apply to those having conditional residency (or 2 year resident cards). If you have a conditional residency you must apply for a removal of conditions with the Immigration Service.

If you apply for residency through family or employment, you must request “advanced parole” or permission to travel from the Immigration Service, before traveling outside of the U.S. However, not everyone is eligible for this, and the Immigration Service may grant or deny your request at their discretion.

Eligibility for advanced parole or permission to travel:

1. You must have been in lawful status at the time you filed your residency adjustment of status petition.
2. You filed your application for residency/adjustment of status on or before September 17, 1998.
3. If you are out of status at the time that you filed for residency/adjustment of status, you may be able to travel if the Immigration Service grants you a waiver of inadmissibility. (Note: This is extremely difficult to obtain.)

If you are eligible to obtain advanced parole or permission to travel while your residency application is pending, you must submit the following:

1. Application I-131.
2. 2 passport style photos (showing your right ear).
3. The filing fee for the I-131 application (these fees change periodically, so check it at the USCIS website)
4. Supporting documentation to demonstrate the purpose of your travel (ie: letter from your employer stating you must travel for business, an invitation to attend a wedding, medical records of an ill immediate family member, etc.).

1. You must have been present in the U.S. before December 18, 2000, and
2. You must have filed a family or employment based residency petition on or before April 30, 2001, or you must have been the derivative beneficiary of such a petition.

Note: Even if your initial petition was not successful, but was filed on or before April 30, 2001, you may still be 245(i) eligible under certain circumstances, and may apply again for residency through another family or employment petition (consult an attorney to make this determination).

1. My aunt who is a U.S. citizen filed a residency petition for my mother when I was under the age of 21; this means my mother’s spouse and I are derivative beneficiaries of that application.
2. My father’s employer started a petition for my father when I was under the age of 21; this means my father’s wife and I are derivative beneficiaries of that petition.
3. My mother married a U.S. citizen when I was under the age of 21 and I was named as her child in the petition, however, this type of residency petition does not allow me to be a derivative beneficiary. In this case, my stepfather is required to file a separate residency petition for me, if he wants to petition for my residency.

If your case is pending at the Immigration Court or the Board of Immigration Appeals, you may check the status of your case over the telephone by calling: 1-800-898-7180, with your alien number (starts with an A and you will find it in your immigration documentation), and following the automated instructions. There are options to hear your status in Spanish or English.