Legal Question in Immigration Law in California

Re: How to get Work Permit while waiting to get Greencard

I wouldn't do it. That's a 4th preference family-based petition which can be seen as inconsistent with the non-immigrant intent required for your F-1. Regardless of what country you are from, 4th preference takes years and years and does not give you any status until your priority is "current." You are better off pursuing an employment based case, or should you get married in the future, a case based upon that marriage.

Re: How to get Work Permit while waiting to get Greencard

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

Re: How to get Work Permit while waiting to get Greencard

It takes at least 10 year before you can apply for green card in the US. You cannot apply for a work permit unless you submit the green card application in the US.

Yes, you can work while you are waiting for the green card as long as you maintain your non-immigrant status, i.e. H-1B, TN, E-2.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: How to get Work Permit while waiting to get Greencard

Dear Inquirer:

A work permit can only be issued once you have filed an application for adjustment of status under these circumstances. You cannot file for adjustment of status until a visa becomes available on your sister's 4th preference petition, which could be 15-50 years from now. You would also have to be maintaining nonimmigrant status throughout the entire waiting period to be eligible for adjustment of status. I suggest that you try and obtain an Optional Practical Training (OPT) work permit toward the end of your F-1 student status and then later seek an employment-based nonimmigrant visa, such as an H-1B.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: How to get Work Permit while waiting to get Greencard

I presume your sister filed for you before 4/30/01 or that you have been in legal status the entire time in the U.S. If the former is true, you can work without authorization without negative repercussions to you, though an employer could be subject to employer sanctions and it might be tough to locate work for this reason. If your sister filed after that date, then you'll need to be in legal status the whole time to qualify to adjust status in the U.S. - i.e., get the green card without leaving the U.S. In that case, you can only work with a work visa, employment authorization associated with F-1 student status, or after filing the last stage of the green card in the U.S. which provides employment authorization. How soon you get that depends on when your sister applied. It takes many years to accomplish and without knowing more, it's very hard to predict.

If your sister didn't apply before 4/30/01 in the event you are illegal then you could have to depart the U.S. and qualify for an immigrant visa which may not be approved with a discretionary waiver for unlawful presence. This is very complicated stuff and hiring an attorney to assist is the wise course of action.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine