Legal Question in Immigration Law in California

My wife’s work authorization has expired. We are in the process of status adjustment and did not notice the deadline. She is one month overdue. How can I fix this problem?


Asked on 1/16/19, 4:44 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If she filed as the spouse of a U.S. citizen, she can file Form I-765 to renew her EAD & there is no filing fee. However, it could take up to 5 months to get the new EAD &, since she did not file before her current EAD expired, she will not be eligible under the "automatic extension".

See:

https://www.uscis.gov/i-9-central/42-automatic-extensions-employment-authorization-documents-eads-certain-circumstances

https://www.uscis.gov/i-765

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Answered on 1/16/19, 4:23 pm


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