Legal Question in Immigration Law in California

Hi there. My husband has a complicated case. He came to the US as a newborn in 1983. In 1995, his parents petitioned for his Adjustment of Status. He was granted a V Visa for the meantime as he waited for his adjustment to complete. In 2001, he was authorized to work (this has since expired and has not been renewed).

So now that my husband and I are married and he still has not completed this process, I have taken it upon myself to ensure he completes the process so he can ultimately become a citizen.

Currently, we are interested in renewing his Work Permit. I am aware that he needs an eligibility category that enables him to be 'eligible' for work authorization. Under which category would he fall under? Would it be the V Visa (a)(15) because he was granted V status back in 1995 (however, I believe it is expired). Would you recommend that we request an extension of the V status so he will eligible for work authorization under that category? Would he even be eligible for a V status extension given that he is no longer under age 21 and no longer unmarried? What eligibility category would he fall under?

Thanks


Asked on 6/18/12, 4:42 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

From what you have described, your husband is undocumented. If you file the wrong paper, you may cause him to be placed in removal proceedings. They may take him in custody and place in one of God forsaken detention centers operated by the CCA (Corrections Corporation of America). I suggest you look them up on the internet. GET A LAWYER! I can't stress this enough.

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Answered on 7/01/12, 10:59 pm


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