Instructions For I-765 - Application For Employment Authorization (Page 8 of 18) in pdf

Renewal Application: You may be eligible to renew your application under the (c)(36) eligibility category if:

(1) You file Form I-765 before your current employment authorization expires;

(2) 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 the Principal

Beneficiary of Form I-140” below); and

(3) 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 renewal application under (c)(35)).

You are not required to be in a valid nonimmigrant status when you file your renewal application.

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.

Supporting Evidence by Spouse or Unmarried Child

(1) Proof of Your Nonimmigrant Status. For initial applications only, submit a copy of your Arrival-Departure

Record (Form I-94) showing your admission as a nonimmigrant, a copy of your current Form I-797 approval

notice for Form I-129, or a copy of your current Form I-797 approval notice for Form I-539.

(2) Proof of Relationship to the Principal Beneficiary of the Approved Form I-140. For initial and renewal

applications, if you are applying as the spouse of a principal beneficiary of an approved Form I-140, submit

a copy of the marriage certificate and if applicable, copies of documents showing the legal termination of

all other marriages by you or your spouse. If you are applying as the child of a principal beneficiary of an

approved Form I-140, submit a copy of your birth certificate or other documents to demonstrate you qualify as

the principal beneficiary’s child. If you cannot submit a copy of your marriage certificate or birth certificate,

USCIS will consider secondary evidence.

(3) Proof the Spouse or Parent Principal Beneficiary was Granted or has Applied for Employment

Authorization Under Eligibility Category (c)(35). For initial and renewal applications, if you submit your

Form I-765 after your spouse or parent receives employment authorization under eligibility category (c)(35),

submit a copy of your spouse’s or parent’s employment authorization document or submit a copy of your

spouse’s or parent’s Form I-797 approval notice for Form I-765.

If your spouse’s or parent’s application under (c)(35) is pending when you file your Form I-765, submit a

copy of your spouse’s or parent’s Form I-797 receipt notice for the pending Form I-765 application. USCIS

will not adjudicate your Form I-765 until USCIS has adjudicated your spouse’s or parent’s Form I-765.

(4) Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 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 Convictions. 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 committed,

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.

Form I-765 Instructions 01/17/17 N

Page 8 of 18

Instructions For I-765 - Application For Employment Authorization Page 8

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