Can You Work While in Removal Proceedings?

Removal proceedings are among the most daunting challenges immigrants face in the United States. These legal actions, initiated by the Department of Homeland Security (DHS), determine whether an individual should be removed (deported) from the country. While navigating this uncertain path, many understandably wonder whether they can continue working to support themselves and their families. In this blog, Kriezelman Burton & Associates, LLC explores what removal proceedings entail and how they impact employment opportunities.

What Are Removal Proceedings?

When someone is placed in removal proceedings, it means the U.S. government has started a formal process to determine whether they can remain in the country. This typically begins with a Notice to Appear (NTA), a document detailing the specific reasons why the government believes the individual should be removed.

The proceedings include appearances in immigration court, where individuals have the chance to present their case and contest their removal. These cases can span months or even years, depending on their complexity and the court’s backlog. While awaiting a decision, maintaining lawful status—including work authorization—becomes a pressing concern.

Can You Work While in Removal Proceedings?

The ability to work legally during removal proceedings largely depends on an individual’s immigration status and work authorization. Some key considerations include:

• Existing Work Authorization  

If you have a valid Employment Authorization Document (EAD), you may continue working until it expires. However, if your document is nearing its expiration, you must apply for a renewal immediately to avoid interruptions.

• Eligibility for a New EAD  

Certain individuals in removal proceedings may apply for initial work authorization. For example:

• Asylum Seekers: If you are applying for asylum as a defense against removal, you may be eligible to request an EAD 150 days after filing your asylum application.
• Adjustment of Status Applicants: Those pursuing green cards through family or employment-based petitions might also qualify for a work permit during this process.
• Other Relief: Individuals applying for Temporary Protected Status (TPS), Deferred Action, or similar remedies may receive work authorization as part of their applications.

• Provisional Permissions  

Some individuals may qualify for prosecutorial discretion, allowing them to stay in the U.S. temporarily and, in some cases, apply for work authorization.

Being unsure of your eligibility can increase stress during an already challenging time. Consulting an experienced immigration attorney is crucial to securing work authorization when possible.

Steps to Take if Facing Removal Proceedings and Employment Challenges

To maintain or obtain the ability to work during removal proceedings, you should:

Consult an Immigration Attorney  

An attorney can evaluate your unique situation and identify paths to work authorization. For example, a case involving a parent with U.S. citizen children may have different options than a recent visa overstay.

Apply for or Renew Your EAD  

If eligible, submit Form I-765 (Application for Employment Authorization). Include all supporting documentation required to prove your eligibility.

Stay Compliant  

• Attend all court hearings and immigration appointments.
• Avoid working without proper authorization, as this could negatively impact your case.

Document Your Situation  

Examples include evidence that your inability to work would result in undue hardship for dependents or employers. Your attorney can guide what documentation to collect.

Moving Forward

If you’re in removal proceedings and concerned about your ability to work, the attorneys at Kriezelman Burton & Associates, LLC, are here to help. We’ll assess your case and guide you through the complex legal requirements to protect your ability to work while navigating this difficult process. Contact us today for support tailored to your needs.