Bob

I don't really know the details of AOS from L1/2, would depend where in the process you are I suppose.

EAD can be valid for 2 years, though they usually issue them for a year and you'd have to renew them each year, for a hefty fee.

chicagojlo

Thanks for reminding me to check the expiry date of my own EAD. Coming up to the time I applied for it right now so if it's a 1 year I am going to be in trouble!

meauxna

No, they do not need Social Security numbers to be claimed as dependents on your joint income tax return.

If the children are not eligible for SSNs (they are not), you complete a form W-7 Application for an ITIN and include it with the tax return. The kids will be assigned a 9 digit number that looks like a SS# to use only for tax reporting purposes.

Individual Taxpayer Identification Number (ITIN)

If and when you submit I-485, the application for a work permit can be included. Having the work permit ("EAD" or Employment Authorization Document) or Green Card does make them eligible for a SS#, and you'd apply for one at that time.
The EAD cost is now included in the fee you must submit with the I-485.

chicagojlo

Which is good for you, because I just found out the the EAD costs $340 a time. I'm sure it wasn't this much last year!

Braintreegirl

Can you apply separately for the EAD or does it have to go with the Green Card application - I'm just thinking that the work permit does not take as long to come through as the Green Card application - or would it come back independent of the Green Card application being processed if they were sent together? Am I making sense?

meauxna

The work permit takes 90 days to get, based on past performance (and they have a legal mandate to fill your order in that much time).

The EAD is an interim benefit--it is meant to tide you over between application and approval of the Adjustment of Status/Green Card.
Green Card processing can take 3-30 months, depending on your local office and how long you get stuck in a name check. Some people need to use EAD for a couple of years while waiting for their case to complete.

Since it is a temporary permit, it must be sent with the application for Permanent Residence (Green Card). That is your basis for eligibility.. IOW, Joe Bloggs can not just apply for a work permit, he needs one of a very limited few reasons (like applying for a Green Card or being on a visa that allows it).
er.. that's getting a little muddled, sorry.

Short form:
I-485 + I-131 are submitted together.
The I-131 requires the I-485.
The I-131 takes about 90 days to approve and get to you.
The I-485 takes about 4-9 months on average to complete.
The fee for the I-131 is already paid with the I-485, may as well take it.

Hope I got it clear!

chicagojlo

Having an L2 is a basis for eligibility.

meauxna

For the spouse, not the kids, right?

Bob

I mentioned that earlier

Bob

It went up over the summer, by a lot.

meauxna

Bonus cuddles for you then, dads.

Braintreegirl

Would you mind just clarifying what the I-185 and I-131 forms are? Would it be possible for my son and myself to submit EAD applications at the same time as applying for the Green Card (thereby saving the cost) or am I expected to submit mine separately as I am eligible to work as an L2 spouse?

meauxna

Sure, the form names simply make it clearer (hopefully).

I-485 is the application to adjust status to permanent residency. Approval of that is what makes you a Permanent Resident. A Green Card is your proof of Permanent Resident status. Got it?
All of the above is called an 'AOS' application, or Green Card application. The more precise you are, the better information you'll get, so it is worth learning the finer points.
When the I-485 is approved, and you are a Permanent Resident, with a Green Card (all synonymous) you are authorized to live & work in the US, and travel in/out of the US.

When you submit I-485 and all its other attachments, you can apply for interim travel and work documents that are only valid until the AOS/I-485 is approved. You use them UNTIL you get a Green Card.

I-131 is the application for an 'EAD' aka Employment Authorization Document aka work permit.

YOU as a spouse L-2 may apply for a work permit just based on being a spouse L-2. There is a fee for this. You should only apply if you plan to work before you get your Green Card.

Your child may NOT apply for an EAD based on being a child L-2.


When the time comes and you are allowed to apply for your Green Cards, you can BOTH apply for an EAD based on the I-485.
Your earlier application is based on the L-2, remember.
When you see form I-131, you'll see where all these different kinds of people use the same form.. you have to tick the correct box for your 'basis' to apply.

To sum up:
You: apply I-131 now for a fee--optional/basis L-2 spouse
You: apply I-131 with I-485 for no fee/basis Adjustment applicant
Child: apply I-131 with I-485 for no fee AND becomes eligible for SSN when he receives EAD.
You can get a SSN now because you are a spouse L-2.

Braintreegirl

Thank you. You have no idea what a help you've been.

meauxna

Well thank goodness for that.. it looked a little boring!

I meant to add this. This is a guide for family-based AOS (you will be employment based and someone will hopefully do this for you)
http://www.familybasedimmigration.co...-of-status.php

The I-130 does not apply to you, but this will give you links to the forms and such (always available at uscis.gov) that you will want. Maybe looking at them will help, maybe not!

Here are some links that are helpful for looking ahead to Permanent Resident status.. I don't know how far off you are from applying for the Green Cards.

The following USCIS pages are must reads for all new immigrants:

--o Now That You Are A Permanent Resident
--o I Am A Permanent Resident, How Do I...?
--o Welcome to the United States: A Guide for New Immigrants

That last one is useful for a lot of people, not just PRs. There is a good website linked in there too, to help with day to day practical stuff.