QUESTION
How long it would take me to be able to work if I were to file the I-130, I-485 and I-765 (Employment Authorization) concurrently?
Asked on Sep 05th, 2013 on Immigration - California
More details to this question:
My mother is a United States citizen and she is petitioning me under form I-130 over 21 years old. I was wondering how long it would take me to be able to work if I were to file the I-130, I-485 and I-765 (Employment Authorization) concurrently. I understand you will not be able to give me an exact date so a ball park figure of 1 year, 3-5 years would be great. Not sure if it makes a difference for the process but I am Canadian. Thank you.
3 ANSWERS
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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It normally takes about 2-3 months for you to receive a work permit if you are filing your I-765 concurrently with your I-485 application. However, if you are over the age of 21 and your mother is just now petitioning for you for the very first time, it does not appear as if you are eligible for adjustment of status at this time through your mother's petition. Thus, you cannot file the I-485 or I-765 application unless you are eligible through a different method.
Answered on Sep 09th, 2013 at 7:26 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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If you are over 21 that is the FB-1st category if unmarried and FB-3rd of married. You may only file the I-130 now and this does not give you the right to remain in the U.S. 7-8+ years from now you can file the I-485 and I-765 if otherwise in the U.S. in lawful status. A new Bulletin comes out each month. If unmarried they are working on September 15, 2006 cases; if married February 22, 2003 cases. I would suggest you consult on other nonimmigrant options if you are interested to come and work sooner.
Answered on Sep 09th, 2013 at 7:22 AM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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If you are unmarried, your petition will be under F1 category (unmarried son or daughter of U.S. citizens over 21 years old). Currently, that category has a waiting time ranging from 7 to 20 years depending on the country of birth. Assuming you were born in Canada, the September priority date for F1 for that country is September 15, 2006, so that's about 7 years waiting time. Please note that since the priority date for F1 is not current and a visa is not available yet for your petition, you cannot file Form I-485 concurrently with your mother's Form I-130. You should consult an immigration lawyer regarding your case.
Answered on Sep 06th, 2013 at 10:15 AM