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Supporting Documents Needed While Filing Form I-765

January 5th, 2012 by Romona Paden

There are a few supporting documents you need to submit while filing your Form I-765, Employment Authorization Document (EAD) application to the USCIS

  • A copy of Form I-94 Departure Record. If you are filing the application under the(c) (9) classification, you need not submit the I-94 record.
  • A copy of your previously held EAD. If you did not have an EAD earlier, you are required to submit a copy of a government issued identity document. This can include a passport that has your picture, name, and date of birth on it, a birth certificate with photo ID, proof of any visa issued by a foreign consulate; or a National ID that has your photo and/or fingerprint. Remember the identity document photocopy must clearly show your facial features and also have the biographical information.
  • Submit two similar color photographs of yourself taken within 30 days of the filing your application. Refer to the USCIS photo specifications before filing. Lightly write your name and ARN on the back of the photo with a pencil.

Should you need to show economic necessity, submit a list of your assets, income and expenses.

Special Filing Instructions for Those With Pending Asylum Applications ((c)(8))

If you have a pending asylum application and filed for Asylum status on or after January 4, 1995, you are required to wait for a minimum of 150 days after filing your asylum claim before you qualify to apply for an EAD. Note that your application will be rejected if you file early. Include the following with your application :

  • A copy of the USCIS acknowledgement letter that you received or
  • any proof for having filed Form I-589 or
  • any available proof that you filed Form I-589 with an Immigration Judge at the Executive Office for Immigration Review or
  • any proof that your asylum application is under administrative or judicial review.

If you are an asylum applicant who has a pending application and filed for Asylum and for Withholding of Deportation prior to January 4, 1995 and if you are NOT in Exclusion or Deportation Proceedings, you can file the I-765 application at any time. Remember, your petition will not be approved if USCIS understands that your application lacks any serious purpose. Include the following with your application :

  • a copy of your Form I-589 filer earlier AND
  • a copy of the receipt notice you received from the USCIS or
  • a copy of the acknowledgement notification from the USCIS or
  • proof for having filed Form I-589 with EOIR; or
  • adequate proof that your asylum application is under administrative or judicial review

If you are an asylum applicant (with a pending asylum application) who filed an Initial Request for Asylum before January 4,1995, and ARE IN Exclusion or Deportation Proceedings

If you filed your Form I-589 prior to January 4, 1995 and you are subject to exclusion or deportation proceedings, you have to include the following documents along with your application:

  • a date-stamped copy of the Form I-589 filed earlier or
  • a copy of Form I-221, Order to Show Cause and Notice of Hearing, or Form I-122, Notice to Applicant for Admission Detained for Hearing Before Immigration Judge; or
  • a copy of EOIR-26, Notice of Appeal, date stamped by the Office of the Immigration Judge; or
  • a date-stamped copy of a petition for judicial review or for habeas corpus issued to the asylum applicant; or
  • proof for having filed an asylum application with EOIR.
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