Marriage-Based EAD Stuck for Over a Year: What to Do
Your marriage-based work permit has been pending for over a year? Immigration attorney Ilya Fishkin explains what may be wrong and what steps to take.
Marriage-Based EAD Stuck for Over a Year: What to Do
Waiting for a work permit (EAD) after filing through marriage can feel endless — especially when months turn into a year or more with no update. If you're in this situation, you're not alone, but according to immigration attorney Ilya Fishkin, a very long delay on a marriage-based EAD is not normal and may be a sign that something has gone wrong with your case.
What the Attorney Says
According to Ilya Fishkin (NY Bar, 20+ years of immigration experience), marriage-based work permits are generally processed relatively quickly — though processing times do vary from person to person. If you filed in 2024 and your EAD has been pending for a very long time with no resolution, that is not typical for this category. In his words, a marriage-based EAD simply should not take that long, and a prolonged delay likely signals that something is off.
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Fishkin recommends starting by checking the status of your case. A long, unexplained wait is a red flag that deserves attention — it's not something to simply sit with and hope resolves itself.
He draws a contrast with asylum-based work permits, where very long waits are more common. In his practice, he has seen asylum-related EAD cases where a person waited a full year with nothing happening. In those situations, his team refiled the application from scratch — and the new filing was processed much more quickly. While this example comes from a different visa category, it illustrates a key principle: if something appears to be stuck, refiling may be a viable path forward.
What to Do
Based on attorney Fishkin's guidance, here are the steps that make sense if your marriage-based EAD has been pending for an unusually long time:
Check your case status. Log in to your USCIS online account or use the USCIS case status tool to see where your application stands. Look for any notices, requests for evidence (RFEs), or error messages that might explain the delay.
Look for signs that something went wrong. A very long wait on a marriage-based EAD filed in 2024 is not expected. If your case shows no movement, that itself is meaningful information.
Consult an immigration attorney. If your case appears stuck and you can't identify a clear reason, speaking with an immigration attorney is the right next step. As Fishkin's experience with asylum cases shows, sometimes refiling the application entirely can break a logjam and lead to a faster result.
Don't just wait passively. A long delay is not necessarily something that will resolve on its own. Taking action — whether that means following up, refiling, or seeking legal help — is often necessary.
FAQ
Q: Is it normal for a marriage-based EAD to take over a year? A: According to attorney Fishkin, no. Marriage-based work permits are generally processed relatively quickly. If yours has been pending for a very long time — especially if you filed in 2024 — something may have gone wrong with your case.
Q: What should I do first if my EAD is stuck? A: Fishkin recommends checking the status of your case as a first step. Look for any notices or issues that might explain why it hasn't moved.
Q: Can refiling help if my EAD is stuck? A: Based on Fishkin's experience with stuck work permit applications (including in asylum cases), refiling from scratch has sometimes led to much faster processing. Whether that makes sense for your specific situation is something to discuss with an attorney.
Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.