QUESTION

Can I get a work permit while waiting for F2B petition to be approved?

Asked on Jul 28th, 2012 on Immigration - New York
More details to this question:
My father just got his green card and wants to file for me but I am 25 years old so I have been told it will be under F2B. My questions: 1. How long will I have to wait to get my green card 2. Can I get work authorization while I wait? 3. Can I travel out of the USA while I wait? I am here as an F1 student and I graduate in about a year and a half.
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7 ANSWERS

What country are you from?
Answered on Jun 28th, 2013 at 9:34 PM

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No, you cannot get any immigration benefits based on your father's I-130 until a visa priority date becomes available. If you will be traveling, it would have to be on the basis of your F-1. However, you should know that F-1 is a nonimmigrant intent visa and if you have a pending I-130 and travel with F-1 visa, you may not be permitted to enter the US as you will be seen as having immigrant intent which is not permitted with F-1 status.
Answered on Sep 11th, 2012 at 2:48 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: The visa number must be current and you must be able to adjust to get a work permit. It will take many years.
Answered on Aug 14th, 2012 at 2:08 PM

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Bruce A. Coane
You should sit down with a qualified immigration lawyer as there are no simple answers here.
Answered on Aug 14th, 2012 at 2:07 PM

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F2B is backed up 8.5 years (11 years for Philippines, 20 years for Mexico) Your father filing of a family petition for you does not give you any immigration benefits, no work authorization, no permission to remain in the U.S., nothing. You could travel while you are on a valid F-1, but I would advise against it because, once your father files the petition for you, it will act as evidence of your intent to immigrate into the U.S., and USCIS holds that such intent is incompatible with a non-immigrant visa (including F-1). So you might be denied admission when trying to re-enter after a trip abroad. Filing of a family petition will also hurt your chances of getting any other non-immigrant visa, such as H-1B, for the same reason ("demonstrated immigrant intent") I suggest that you should get an immigration attorney to review your father's case: depending on the details, you might be eligible to receive a green card as a beneficiary of your father's adjustment application.
Answered on Aug 14th, 2012 at 2:07 PM

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Rebecca T White
You can only get a work permit after the I-485 is filed, and for that to be filed your priority date would need to be current. That is probably unlikely to happen before your studies are finished. Hopefully you will be able to secure an H-1b to cover the gap time.
Answered on Aug 14th, 2012 at 1:00 PM

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Litigation Attorney serving Pearl River, NY at Law Office of Bijal Jani
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The time frame for an F2B depends on the country you are immigrating from. Some countries, like India, take longer. You can check on the Department of State's website for priority dates that they are currently working on.
Answered on Aug 14th, 2012 at 12:43 PM

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