Legal Question in Immigration Law in New Jersey

My son in law is here on a student visa. It expired in July 2013, however he is still legally able to be here because he was still in school finishing his masters. He will graduate next week. He has been offered a job, but his school will not document this new job as required because he is graduating they tell him, he is not allowed to work once he graduates. He also submitted papers for his residence card or work visa, not sue which one in October and still waiting for that process to be completed. Is he allowed to work at all or is he not supposed to work? He is also concerned because if he isn't working he is afraid that his resident visa will be denied


Asked on 12/06/13, 3:41 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

I do not see why he would not eligible for OPT. However, it is unclear what you mean when you refer to your son in law having "submitted papers for his residence card or work visa".

Did your son in law file for adjustment of status? Was he petitioned for an H-1B visa? What types of immigration benefits has he filed for?

I cannot properly answer your question without more details as to his situation.

Thank you.

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Answered on 12/06/13, 8:35 am


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