USCIS To Issue Employment Authorization And Advance Parole ...

Feb. 11, 2011

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.

To learn more about USCIS and its programs, visit www.uscis.gov or call the USCIS Contact Center at 1-800-375-5283 or (For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833).