QUESTION

Can I file for work authorization for daughter after filing i130?

Asked on Dec 04th, 2020 on Immigration - New York
More details to this question:
I filed an i130 for my 30 years unmarried daughter. Who came in with a tourist visa. . Can I file for work authorization for her with her i130 receipt. I am a permanent resident and have applied for naturalization
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Employment authorization in cases like your daughter’s is an ancillary benefit to the filing of an I-485 application for adjustment of status. An I-485 cannot be filed until there is open visa availability. As a green card parent filing for a child over the age of 21 and unmarried, your daughter is under the F-2B category, and for most countries of the world, the visa availability date in January 2021 (under the dates for filing chart of the Department of State) is open for all cases filed prior to May 1, 2016. Even if the date is reached in the future, your daughter would generally not be able to file an I-485 application unless she has maintained legal nonimmigrant status until she obtains visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 24th, 2020 at 1:41 PM

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