In the United States, the journey to legal employment can be challenging for individuals who entered the country without authorization. However, despite the obstacles, there are avenues available for obtaining a work permit even for those with an illegal entry. Understanding the process and seeking appropriate assistance are key steps in pursuing employment opportunities while navigating immigration status complexities.
Exploring Your Options to Obtain Work Permit:
- VAWA:
For those who qualify under VAWA, a work permit is a fantastic result for undocumented immigrants. Usually, one can get their work permit while their VAWA application is still pending.
- Deferred Action for Childhood Arrivals (DACA):
DACA offers temporary protection from deportation and eligibility for work authorization to individuals who entered the United States unlawfully as children. To qualify, applicants must meet specific criteria, including age requirements, continuous residence, and educational or military service criteria. DACA recipients can renew their status and work permits every two years.
- U Visa:
Victims of certain crimes who cooperate with law enforcement may be eligible for a U visa, which provides temporary legal status and work authorization. Although entry without inspection is typically a barrier to obtaining other immigration benefits, U visa applicants are exempt from this requirement.
- Asylum Seekers and Withholding of Removal:
Asylum seekers can usually apply for their work permits within 150 days after their application has been received by immigration. Individuals who fear persecution in their home countries may apply for asylum or withholding of removal. While asylum seekers must apply within one year of arrival, withholding of removal does not have a time limit. Both statuses allow applicants to obtain work authorization while their cases are pending.
- Employment-Based Immigration:
Some employment-based immigration categories, such as those for individuals with extraordinary abilities, may allow for adjustment of status and work authorization, regardless of entry without inspection. However, these pathways often require sponsorship by an employer and meeting specific eligibility criteria.
Application Process:
- Consultation with Legal Professionals:
Given the complexity of immigration laws and the potential consequences of unauthorized employment, seeking guidance from qualified immigration attorneys or accredited representatives is crucial. They can assess individual circumstances, advise on eligibility for various forms of relief, and navigate the application process effectively.
- Completing Required Forms:
Depending on the chosen immigration pathway, applicants must complete and submit the appropriate forms to the United States Citizenship and Immigration Services (USCIS) or relevant government agencies.
- Gathering Supporting Documentation:
Applicants must compile supporting documentation, such as personal statements, evidence of eligibility, and any required waivers or affidavits. This may include proof of identity, residence, employment history, educational qualifications, or documentation related to the underlying immigration claim.
- Filing Fees and Waivers:
USCIS typically requires payment of filing fees with most applications. However, fee waivers may be available for individuals who demonstrate financial hardship. Applicants should carefully review fee waiver criteria and submit requests along with their applications if eligible.
What You Must Remember:
As we conclude our discussion on obtaining a work permit for undocumented immigrants in the US, we recognize the diverse paths individuals take in pursuit of their career goals. For those now considering opportunities beyond the borders, whether due to personal preferences or global career exploration, we have a dedicated blog discussing the application process for work visas. If you’re interested in exploring career opportunities abroad without committing to permanent immigration status, click here to read more.
Obtaining a work permit with an illegal entry into the United States is a complex process that requires careful consideration of available immigration options, adherence to specific eligibility criteria, and diligent preparation of application materials.
While the journey may be daunting, seeking guidance from us and understanding the available pathways can significantly increase the likelihood of success. With determination and appropriate assistance, individuals can pursue legal employment opportunities and contribute to their communities while navigating the intricacies of immigration status.
Know that it’s always best to check your options right away so you won’t ever have to worry about applying for a job here in the United States. If you believe you may qualify for any of the visas mentioned above, call our office at 630 504-0648 to get a free case evaluation. You may also book an appointment with Atty. Farrah Qazi by clicking here!
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