QUESTION
How do I legalize my work/business status in order to support my family with process still pending ?
Asked on Feb 18th, 2016 on Immigration - Oregon
More details to this question:
I arrived in the US about 21 months ago on the visa waiver scheme.I live with my American wife and our two children. I started green card proceedings with the medical in 11/14. The process has not gone further as there is difficulty in finding my birth certificate through the UK office, because I cannot provide my fathers name, I presume. We are being held back by my immigration status. We have another child due at the end of March. Is there a way I can work and do business to support my family while still trying to obtain my own records for the green card application ? Is such a system already in place ?
1 ANSWER
Based upon the information provided, you do not appear eligible for any immigration benefits that would allow you employment authorization. You are not able to change or extend your status when you enter in the visa waiver program. You could not depart the United States to seek an appropriate visa as you would likely be denied a visa and/or barred from admission given your prior immigration history.
You would be able to seek employment authorization as an ancillary benefit to your green card process, but it sounds like you have yet to file. You may want to consider working with an attorney in this matter. You can read more about adjustment of status at http://myattorneyusa.com/immigrant-petition-andor-adjustment-of-status-in-the-absence-of-the-petitioning-spouse.
Answered on Feb 18th, 2016 at 4:33 PM