QUESTION

How long it would take to get work authorization?

Asked on Jun 24th, 2017 on Immigration - Georgia
More details to this question:
I am now a student doing graduate studies in Engineering area, and lawfully entered in the USA as F-1 student. I have been maintaining my legal status as F-1 student properly since I entered in the USA. Meanwhile, my brother has become US citizen, and he would like to apply for me to get Green Card. If he would file I-130, when I am going to get work authorization? Would it be after 90 days of his filing of I-130? Do I have to keep my student status or I could start working? I would like to get professional service from an attorney for the purpose of filing I-130 by my brother.
Report Abuse

1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, a U.S. citizen may sponsor a sibling for immigration in the Family-based Fourth Preference (F4) visa category. There is a very long backlog for visas in that category, however. The October, 2017 Visa Bulletin issued by the U.S. Department of State shows that visas now are available for those who filed applications in the F4 visa category in May, 2004 or earlier. While that may appear to be a wait of about 13 years, in fact, since less than a year's backlog usually is resolved in a year, the wait may be 20 years or longer. Until a visa becomes available, the foreign national sibling would not be able to apply for adjustment of status (and apply to get an Employment Authorization Document - an "EAD" or "work permit"). As you can see, an application by a sibling rarely is a worthwhile immigration strategy, and so it usually is wise to explore other immigration possibilities. Other possibilities may be nonimmigrant (temporary) visas or immigrant (permanent) visas based upon employment. Some of these, such as applications for those with exceptional abilities in the sciences/engineering, can be self-petitioning, while others may require a qualified sponsoring employer. A significant part of our firm's practice is representing researchers, engineers, scientists, professors and similar experts in immigration applications specifically geared for such professionals.
Answered on Sep 13th, 2017 at 5:12 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters