I am a permanent resident. I filed an i130 application for my over 21 years old biological daughter. Can I go ahead to file for work authorization for her so she can work pending when the i130 is approved.
Your daughter’s petition is under the F-2B category for adult unmarried children of permanent residents. That category only has immigrant visa availability for filing I-485 applications for adjustment of status for those petitions submitted before 5/22/16 for most countries of the world. Work authorization can only be filed in your circumstances where there is visa availability. So unfortunately, your daughter will not be able to obtain employment authorization. Please note that she is also not allowed to stay in the country legally just on the basis of an I-130 petition filing. 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.
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