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First, you will need to have a detailed consultation with an attorney who can help you determine your eligibility for a work permit. Not everybody is eligible, but if you have entered the country legally and apply through an immediate family member, then you can apply.
You can also apply if you have a case for asylum that has been pending for 450 days. There are also other exceptions that may apply to your case, but these can be quite complicated, so it is important to have a consultation with an experienced immigration attorney.
To apply for a work permit, you must file form I-765. The form is relatively short, spanning only six or eight pages and covering a fair amount of detailed information.
This form will ask questions about your address, your background, and what category you are planning to apply for. Knowing what category you are applying for is important because USCIS will deny your application if it is listed under the wrong category, forcing you to restart the application process.
The I-765 form is required, along with two passport-style photographs and a corroboration of your biographical information. You will also generally need a passport, a birth certificate, or a marriage certificate. Additionally, you will need to show that you have the correct case pending in order to obtain an authorization.
Your two prime options are appealing the denial and reapplying for a work permit. Sometimes, the USCIS makes a mistake and denies a case incorrectly, so you can file an appeal and explain the mistake. If USCIS can see that their denial was incorrect, they will issue your authorization. Other times, it is easier to just reapply, as applications are fairly streamlined and are generally processed quickly.
A lawyer will not necessarily make the application process move faster, but they will be able to ensure that your case will be prepared correctly and that no mistakes are made by USCIS when determining your eligibility. The processing time can vary, with some permits coming back in weeks, whereas others can take months. Still, it is best to work with an experienced immigration attorney to ensure your case is handled carefully and all key deadlines are met.
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