Can spouse work while waiting for green card? This is a common question among individuals and families who are navigating the complex process of obtaining permanent residency in the United States. The answer to this question can have significant implications for the financial well-being and quality of life for those involved. In this article, we will explore the various factors that determine whether a spouse can work while waiting for a green card.
The ability of a spouse to work while waiting for a green card largely depends on the type of green card application they are pursuing. There are several types of green cards, including family-based, employment-based, and humanitarian-based. Each category has its own set of rules and regulations regarding employment for the applicant’s spouse.
Family-based green cards
Family-based green cards are typically obtained through marriage to a U.S. citizen or lawful permanent resident. According to U.S. Citizenship and Immigration Services (USCIS), the spouse of a U.S. citizen or lawful permanent resident can apply for an employment authorization document (EAD) immediately after submitting Form I-485, Application to Register Permanent Residence or Adjust Status. This document allows the spouse to work in the United States while waiting for the green card to be approved.
However, it is important to note that the approval of the EAD is not guaranteed. USCIS may deny the application if it determines that the applicant is a public charge or if there are other grounds for denial. Additionally, the spouse must maintain their status as a conditional resident if they obtained their green card through marriage within two years of the marriage’s formation.
Employment-based green cards
For those applying for employment-based green cards, the situation can be more complex. Generally, the spouse of an employment-based applicant cannot work until the applicant’s green card is approved. However, there are some exceptions to this rule.
In certain cases, if the employment-based applicant’s green card is approved, the spouse may be eligible to work. This is typically the case for applicants with an advanced degree or a job offer in a specialty occupation. In such instances, the spouse may apply for an EAD and work while waiting for their green card.
Humanitarian-based green cards
Humanitarian-based green cards, such as those obtained through asylum or victim of trafficking claims, often allow the spouse to work while waiting for the green card. These applicants may apply for an EAD immediately after being granted asylum or a T or U visa, allowing them to work and support their family during the green card process.
Conclusion
In conclusion, the answer to whether a spouse can work while waiting for a green card depends on the type of green card application and the individual circumstances of the applicant. It is essential for individuals to consult with an immigration attorney or a qualified expert to understand their specific situation and ensure they are taking the necessary steps to maintain their legal status and eligibility for employment. While the process may be challenging, knowing the options available can help families navigate the path to permanent residency in the United States.
