Who Has The Right To Work During Removal Proceedings?

While it is not a possibility in all cases, some individuals who are involved in deportation proceedings are still able to legally work while the proceedings are pending. Since deportation cases can last for months or years, making it exceedingly difficult for immigrants who still need to support their families, despite the ongoing court process, getting authorization to work from immigration authorities can be essential for survival. There are some situations, however, in which immigration authorities will allow immigrants in deportation proceedings to legally work. For instance, applicants for asylum and/or withholding of removal typically can apply for work authorization while their cases are pending before the immigration court. Similarly, certain types of applications – like Cancellation of Removal, NACARA, Adjustment of Status, DACA or TPS can allow for work permits while removal proceedings are pending. Even though many immigrants in deportation proceedings ultimately are able to obtain work permits, there may be a waiting period during which you may be unable to work. For example, if you applied for asylum, you will have a waiting period before you can obtain work authorization. This waiting period exists so that the federal government can gather biographical information from you, as well as your fingerprints, in order to ensure that you are not a threat to national security. It is only after you have submitted all of the requested information and the government has cleared you through all of the necessary background checks that you become eligible for work authorization. Since your removal case may take many months, and even years, your ability to work can be essential to supporting yourself and your family during a very difficult time. Not only can we help defend you against deportation from the United States, but we also can advocate on your behalf so that you can continue to work, if at all possible. Contact your immigration law attorneys at Landerholm Immigration, A.P.C., today, at (510) 491-0291. We will schedule a consultation for you to meet with one of our skilled and experienced deportation defense lawyers as quickly as possible. Do not delay in contacting us, so that we can begin helping you!

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