The deportation process in the United States can take a very long time. Sometimes it can take five years or more from your first appearance in immigration court until the deportation judge makes a final decision in your case. During this time, it is very helpful to have a work permit to work lawfully in the United States while you wait for the judge to make a decision. The process for getting a work permit in deportation proceedings varies depending on the type of relief from deportation you request. The two most common types of relief from deportation (link to deportation page) are asylum and cancellation of removal for non-permanent residents.
Asylum is an application that you can file if you have faced harm in your home country or you believe you will face harm if you are deported to your home country. Please refer to our prior blog here for more information on how you can qualify for asylum. (OBTAIN DEPORTATION DEFENSE from a reliable DEPORTATION ATTORNEY).
To qualify for a work permit through an asylum application, you must prove that the judge is taking too long to decide your case. If the judge takes more than 180 days from the date you submitted your asylum application with the Immigration Court to make a decision on your case, you may be eligible to apply for a work permit. However, any delays in your case that are attributable to you or your deportation attorney do not count toward the 180 day timeframe. The work permit is valid for a period of one year and can continue to be renewed annually while your case is pending in front of the deportation judge.
Cancellation of Removal for non-permanent residents.
Cancellation of Removal is an application that you can file if you can prove you have been in the United States for at least ten years and have a qualifying family member. Please refer to our prior blog here for more information on how to qualify for cancellation of removal. (OBTAIN DEPORTATION DEFENSE from a reliable DEPORTATION ATTORNEY).
Once you file your application for Cancellation of Removal with the Immigration Court and pay the government’s application fee, you are eligible to request a work permit. The work permit is valid for a period of one year and can continue to be renewed annually while your case is pending in front of the deportation judge.
For either category of work permit, it is important to remember to request to renew your work permit at least five to six months before your current work permit is set to expire so that immigration service has time to process your new work permit in time.
If you are in deportation proceedings and want to file for a work permit, the deportation attorneys at Vanderwall Immigration can help you. Call us at 503-206-8414 for an immigration consultation with a deportation attorney.