Legal Question in Immigration Law in Maryland

There are many reasons why someone might be eligible for employment authorization (i.e., to get a "work permit"). The most common one is when a spouse of a US citizen applies for adjustment of status (a "green card"), but there are others depending on the facts of the case. Adjustment applicants can work while they're waiting for their green card cases to be approved as long as they apply for it. The form is the I-765 Application for Employment Authorization but as I alluded to above, you must have filed for a green card as well. To do that, you'll need a lot of other forms (the I-485, I-130, G-325A, I-864 and so on, depending on the circumstances) and pay the filing fees for those (currently $1,365). Again -- there are other bases for employment authorization -- this is just as it relates to someone "sponsoring" their spouse. If you can't afford a lawyer to prepare the entire case you may want to at least consult with one to assess your case and advise what possible benefits you could file for. I do this for clients and I'm sure many other attorneys do, too. You can file all of these yourself but it's probably worth while to at least have an attorney review things prior to submission. Good luck and I hope all works out for you and your husband.

The simple answer is that he can apply for a Work Permit ONLY IF he is also eligible to apply for Adjustment of status (e.g. based on a marriage to you, a US citizen).

He can be eligible for adjustment of status IF he came to USA legally on a visa (even if it had expired now), and is not in removal proceedings in immigration court.

If, however, he came to USA illegally (without a visa), then he can't file for adjustment and a work permit. If you petition for him, he will have to go back to his home country to apply for a visa. In this case, you'd better have a lawyer.

Therefore, before filing anything with the USCIS, you may need to consult a lawyer in order to establish your husband's eligibility.

Because you didn't provide enough details in your post, it's hard to judge your situation.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

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