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USCIS: Employment and Travel Authorization in a Single Card

USCIS Will Issue Employment And Travel Authorization In A Single

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In the
field of Immigration law if you even blink or sneeze you're sure to miss
something important. USCIS' announcement on February 11th  that it is now issuing employment and
travel authorization in a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485, rather than in two separate documents,  is just that type of seemingly
insignificant but actually quite important announcement.

Up until
this announcement, an individual who filed for  Adjustment of Status could expect to receive two separate
documents—one, known as an EAD, that granted work authorization and another,
known as and I-512, which granted travel authorization.  Having these two separate documents
created a sea of confusion and thus USCIS's announcement that it has now
reduced the amount of documents an Adjustment Applicant must worry about is
most welcome.

USCIS
notes that the dual purpose card looks similar to the current Employment
Authorization Document (EAD) but will include text that reads, "Serves as I-512
Advance Parole." A card with this text will serve as both an employment
authorization and Advance Parole document. Always (and quite necessarily) security
conscious, given the amount of immigration document fraud, USCIS also stresses
that "the new card is also more secure and more durable than the current paper
Advance Parole document".

An
applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel
Document, Form I-131, concurrently with or after filing
Form I-485.  Note, however, that USCIS
states it "will continue to issue separate EAD and Advance Parole documents as
warranted. Employers may accept the new card as a List A document when
completing the Employment Eligibility Verification, Form I-9"

.

USCIS
further explains that "obtaining a combined Advance Parole and employment
authorization card allows an applicant for adjustment of status to travel
abroad and return to the U.S. without abandoning the pending adjustment
application. Upon returning to the U.S., the individual who travels with the
card must present the card to request parole through the port-of-entry. The decision
to parole the individual is made at the port-of-entry." USCIS cautions,
however, that individuals who have been unlawfully present in the U.S. and
subsequently depart and seek re-entry through a grant of parole may be
inadmissible and ineligible to adjust their status. This is particularly
important to stress as many individuals who have overstayed their visas and
apply for adjustment of status based on marriages to U.S. citizens, upon
receipt of their advance parole, leave the U.S., thinking that all is well
because they are now married to U.S. citizens. To their great shock and horror,
when they attempt to return to the U.S. they are denied admission or placed in
removal/exclusion proceedings because the mere filing and approval of an
application for Advance Parole does not cure their past years of illegality.

In their
website, USCIS answers questions regarding this new change as follows:

USCIS to Issue Employment Authorization and

Advance Parole Card for Adjustment of Status
Applicants

Introduction

U.S.
Citizenship and Immigration Services (USCIS) today announced that it is now
issuing employment and travel authorization on a single card for certain
applicants filing an Application to Register Permanent Residence or Adjust
Status, Form I-485.

Questions and Answers

Q1. How is this card different from the current Employment
Authorization Document (EAD)?

A1. The card looks similar to
the current Employment Authorization Document (EAD) but will include text that
reads, "Serves as I-512 Advance Parole." A card with this text will serve as
both an employment authorization and Advance Parole document.

Employers
may accept this card as a List A document when completing the Employment
Eligibility Verification, Form I-9.

Q2. Why did USCIS combine these benefits in one card?

A2. With the new card,
adjustment of status applicants no longer will have to carry both an EAD and a
separate paper Advance Parole document while awaiting adjudication of their
Form I-485 applications. Instead, applicants only will have to carry this one
credit card-sized card. The new card is more secure and more durable than the
current paper Advance Parole document.

Q3. How do I receive the EAD and Advance Parole card?

A3. You may receive this card
when you file an Application for Employment Authorization, Form I-765, and an Application for Travel
Document, Form I-131, concurrently with or after filing
an Application to Register Permanent Residence or Adjust Status, Form I-485. You must file the Forms I-765 and I-131 at the same
time
in order to receive an EAD and Advance Parole card. Please ensure that
you enter your name and address identically on Forms I-765 and I-131 that you
file concurrently in order to receive the new card.

Q4. If I receive this card, does that guarantee my re-entry into
the United States if I travel?

A4. No. This card authorizes parole,not admission, to the U.S. Parole is not an admission or "entry." If you
obtain this card, you may use it to travel abroad and return to the U.S. Upon
arriving at a port-of-entry, you should present the card to a Customs and
Border Protection (CBP) Officer to request parole. Issuance of an Advance
Parole document does not guarantee that CBP will parole you into the U.S. If
parole is granted, you will be permitted to come into the U.S. as a parolee,
but will not have been "admitted." Individuals who have been unlawfully present
in the U.S. and subsequently depart and seek re-entry through a grant of parole
may be inadmissible and ineligible to adjust their status.

Q5. How much does this card cost?

A5. If you submitted an
application for adjustment of status on or after July 30, 2007 (or on or after
August 18, 2007, for employment-based cases), you will pay only one fee to file
Form I-485, Form I-765

and Form
I-131. The fee for Form I-485 is $1,070, ($985 plus $85 biometric fee), and
there is no separate fee for Forms I-765 and I-131 associated with a Form
I-485. For those cases that were filed under the old fee structure, the costs
for this card will equal the combined costs of filing Forms I-131 and I-765,
which is a total of $740. Visit www.uscis.gov/fees for more information.

Q6. How long is this card valid?

A6. Based on the availability
of an immigrant visa, USCIS will issue this card for a period of one or two years. USCIS may also in its
discretion issue the card for a longer or shorter validity period, depending on
the particulars of the case.

Q7. What if I already have an EAD or an Advance Parole document?

A7. If your Advance Parole
document and EAD card have different expiration dates, you may only receive
this card if both documents have less than 120 days of validity left, or if the
EAD has less than 120 days of validity left and the Advance Parole document is
for a single entry only. If you decide to file for this card by filing Forms
I-765 and I-131 simultaneously, do not apply more than 120 days before your
current EAD expires. The validity period for the EAD and Advance Parole card
will begin on the date of the adjudication of the Forms I-765 and I-131.

Q8. Will USCIS still issue separate EAD and Advance Parole
documents?

A8. Yes. USCIS will continue to
issue separate EAD and Advance Parole documents as warranted. For example, you
will receive an EAD without permission to travel if you do not request Advance
Parole or if your Form I-765 is approved but your Form I-131 is denied.

Q9. If I lose or damage this card, how do I get another one?

A9. To obtain a replacement
card, you must file the Application for Employment Authorization, Form I-765,
and Application for Travel Document, Form I-131, concurrently, with the
appropriate fee of $380 for the I-765 and $360 for the I-131. Although
individuals who file under the current fee structure obtain their first card at
no cost, they are required to pay the current application fee(s) for any card
that USCIS replaces due to loss, negligence or damage. Visit www.uscis.gov/fees for more
information.

Q10. Is this card available to anyone?

A10. No. This card is only
available to certain individuals who have pending family or employment based
Forms I-485.

Q11. What does this card look like?

A11.

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