Immigration court can be a long and tedious process. Although the goal may be citizenship, permanent residence, or a green card, noncitizens may be forced to find their own solutions during the lengthy immigration process. Some are able to obtain a work permit, which authorizes them to legally work in the United States. But is a work permit still valid once a removal case has been dismissed?
The status of your work permit will depend on its status when your removal case was dismissed. (If your removal order is dismissed, that means the judge has determined that there is not enough evidence for deportation and you can stay in the US.) If your work permit was valid at the time of dismissal, you are authorized to work until the expiration date. You can also apply for a work permit after your removal case has been dropped or at the same time as your green card application. The work permit is issued for one year and must be renewed with enough time for processing.
Understanding immigration laws and personal rights
The standards for immigration to the United States were established by the Immigration and Nationality Act of 1952. With the intent to regulate in accordance with federal policy, the law defines the boundaries of the US and prohibits persons from entering from outside those boundaries. The law further requires adults to be subject to medical examination and provide health information, with some exceptions for employees or minors. While national security is always a priority, many of these immigration laws are outdated and can be detrimental to the safe migration of families.
The experienced immigration lawyers at Laird Law are committed to providing comprehensive support to those seeking immigration status. While the goal is always to help clients remain safely in the United States, the team at Laird operates on the belief that immigration is a much more intensive process. Let Laird Law help you better understand immigration laws and your rights.
What does it mean if my removal case is dismissed?
A removal case dismissal is a decision made by an immigration judge that terminates a deportation or removal order. When a removal case is dismissed, it will no longer appear in the docket and the subject is no longer at risk of deportation. If you have a removal case that has been dropped, you may have new opportunities for obtaining or maintaining legal status in the US.
Can I still work if my removal case was dismissed?
In order to be able to legally work in the US, noncitizens must have a valid Employment Authorization Document, also called an EAD card. According to the United States Citizenship and Immigration Services (USCIS), a person is eligible for an EAD card with proof of two years of continuous physical presence in the US. And as long as a noncitizen meets all other eligibility requirements, they only have to be physically present in the country for one day during that two-year period to be authorized to work.
If a judge dismisses your deportation or removal order, defer to your work authorization status at the time of the dismissal. If you have a valid EAD card when your removal case was dismissed, you are authorized to work until the expiration date on the card. If you applied to renew your EAD card before it expired and also before your removal case was dismissed, you may be able to continue using your EAD card for 540 days after the expiration date.
Nonlegal permanent residents that have obtained cancellation of removal can get a work permit by filling out the Form I-765 Application for Employment Authorization with the USCIS along with proof of application for cancellation of removal or adjustment of status.
More about employment authorization and work permits
The Employment Authorization Document, commonly called an EAD card, is granted by the USCIS and authorizes the holder to work in the United States. The EAD card is also referred to as a work visa or work permit.
You can apply for employment authorization by submitting Form I-765 to the USCIS. If approved, you will receive Form I-766. This official document declares that you are legally authorized to work in the US.
Who is eligible for a work permit?
If you have a green card or a non-immigrant visa (such as H-1B), you are already authorized to work and no action is required. In addition, the following may be eligible for a work permit, or Employment Authorization Document:
- Noncitizens waiting on green card applications
- Asylum seekers
- Noncitizens that have filed a petition with USCIS, such as the cancellation of removal
- Applicants that can demonstrate the need to work while remaining in the US.
Further, applicants will need proof of identity and residence within the US, as well as evidence that their needs meet the requirements set by the USCIS.
How can I get a work permit after my removal order was dismissed?
If your removal case was dismissed and you did not have a valid work permit at the time, you may still be eligible for employment authorization. The dismissal or cancellation of a removal order provides that you can safely remain in the country. Once a removal order is dismissed, the judge will issue a final order which serves as your proof to stay in the US legally. Once you receive this documentation, you will be able to apply for employment authorization with Form I-765. Make sure the courts and the USCIS have your most recent address on file to prevent any delays.
What happens if I work without a work permit?
If you choose to work without a valid EAD card, your immigration status will be at risk. Working without a work permit can prevent USCIS from approving your green card. The consequences of working without employment authorization are serious and can include being barred from reentry after removal or having your green card application rejected.
Rely on the experienced team at Laird Law
While having your removal case dismissed is certainly something to celebrate, the process of adjusting your immigration status can be overwhelming. Don’t let the paperwork bring you down! The team at Laird Law is committed to immigration reform and will help you navigate the process confidently.
If you obtained a cancellation of removal, your EAD card is still valid and you are authorized to legally work in the US until the original expiration date. But now that you can remain in the US, you may want to explore your options for immigration. You can also apply for work authorization with your green card application. Make sure you’re doing it right with a team you can trust!
