Instructions For I-765 - Application For Employment Authorization (Page 7 of 18) in pdf

(4) Secondary Evidence. If you do not have the evidence listed in 1 or 2 above, you may request USCIS to

consider other evidence (“secondary evidence”) in support of your application for employment authorization.

For additional information on secondary evidence, see Evidence in the General Instructions section.

(5) Proof of Arrests and Conviction. For initial and renewal applications, you must submit proof of any arrests

and/or convictions. If you were ever convicted of a felony or two or more misdemeanors, you cannot be

granted employment authorization under this eligibility category. USCIS will make the determination as to

whether your crimes fall into either of these categories. You must, however, provide information and any

supporting documentation on all crimes which you were convicted of so USCIS can make an appropriate

decision.

NOTE: USCIS may, in its discretion, deny your application if you have been arrested and/or convicted of

any crime.

Provide a certified copy of all arrest reports, court dispositions, sentencing documents, and any other relevant

documents.

Traffic Violations and Arrests

Do not select the “Yes” box for Item Number 19. on the form or submit documentation if you only have had

minor traffic violations. Minor traffic violations do NOT include violations that are alcohol- or drug-related.

If you were ARRESTED for any traffic offense, select the “Yes” box for Item Number 19.b. on the form

and provide arrest and disposition documentation so USCIS can properly assess whether your arrest and/or

conviction may impact your employment authorization eligibility.

NOTE: Provide the conviction and disposition documentation even if your records were sealed,

expunged, or otherwise cleared. You must provide the documentation even if anyone, including a judge,

law enforcement officer, or attorney told you that you no longer have a record or that you do not have to

disclose the information.

Failure to provide the evidence listed above or secondary evidence may result in the delay or denial of your

application for employment authorization.

I. Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-based Immigrant

Petition--(c)(36). File Form I-765 along with supporting documentation for an initial grant or a renewal of

employment authorization under the (c)(36) eligibility category. You may file your application WITH your

spouse’s or parent’s application under (c)(35). You may file your application while your spouse’s or parent’s

application under (c)(35) is PENDING or AFTER your spouse’s or parent’s application has been approved by

USCIS. If filing with your spouse’s or parent’s application, USCIS will not adjudicate your Form I-765 until after

USCIS has adjudicated your spouse’s or parent’s Form I-765 first.

Initial Application: If this is your first application for employment authorization under the (c)(36) eligibility

category, you may be eligible if:

(1) You are the spouse or unmarried child of an individual who is filing or who has been approved for compelling

circumstances employment authorization under (c)(35) (See “Proof of Relationship to Principal Beneficiary of

Form I-140” below);

(2) Your spouse’s or parent’s application for compelling circumstance employment authorization under (c)(35)

has been approved or is pending with USCIS (not required if you are filing your application at the same time

as your spouse’s or parent’s application under (c)(35); and

(3) You were in a valid nonimmigrant status when your spouse or parent applies for initial employment

authorization under the (c)(35) eligibility category.

See “Supporting Evidence by Spouse or Unmarried Child” below for more information regarding what

documents to submit with your application, including additional requirements if you have been arrested or

convicted.

Form I-765 Instructions 01/17/17 N

Page 7 of 18

Instructions For I-765 - Application For Employment Authorization Page 7

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