Can he file for a work permit while his immigration petition is in process?
I filed an I-130 petition for my husband and he is currently in the United States. He does not have a visa. Can he file for a work permit while his petition is in process?
Answered By: King & Ballow
No, you cannot get a work permit while the I-130 is processing or been approved.
Answer Applies to: Tennessee
Replied: 11/11/2011
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Answer Applies to: Tennessee
Replied: 11/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: LAW OFFICES OF ALAN R. DIAMATNE APLC
If he is eligible to adjust, he can get an employment authorization document. If he is only eligible for consular process, he cannot.
Answer Applies to: California
Replied: 11/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Svetlana Boukhny
If he is in the country and he entered the US lawfully, why did you not also file the I-485? The I-130 by itself does not grant him status or eligibility for employment. However, you need to provide more information about his specific situation (how he entered the US, when, what his status is, what your immigration status is) to see if he is eligible to file I-485 which would give him eligibility for employment while the green card application is pending.
Answer Applies to: California
Replied: 11/10/2011
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Answer Applies to: California
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Feldman Feldman & Associates, PC
If you are a U.S. citizen and he filed an I-485 with your I-130 (or he files one now with the I-130 receipt and also applies for an I-765, he will get a work permit. There are many other documents and forms that must accompany these filings so best to consult an attorney.
Answer Applies to: California
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Kanu & Associates, P. C.
No the I-130 alone does not make him eligible for a work permit. An I-130 is merely a petition to classify him as your relative unless you filed that with the I-485 which is Adjust his status. He may have other categories that he may qualify under but you should sit down with some Immigration lawyer and discuss the details.
Answer Applies to: Arizona
Replied: 11/9/2011
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Answer Applies to: Arizona
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Kenneth Wincorn P.C.
Once you get approval on your petition he can apply for the work permit. Your lawyer should help with this as part of the fee he charged you if you hired one.
Answer Applies to: Texas
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Joseph Law Firm
Your husband cannot file for work authorization until the I-130 is approved, the visa is available and he files for permanent residence. The visa bulletin can be accessed here, http://www.travel.state.gov/visa/bulletin/bulletin_5572.html The wait times for a visa depend on the category under which you filed for him. If you are a citizen, he can file for residency once the I-130 is approved. However, if you are a permanent resident, there can be a backlog of several years before he is eligible to immigrate and obtain residency and a work permit.
Answer Applies to: Colorado
Replied: 11/9/2011
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Answer Applies to: Colorado
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Avrin & Regolsky
No he cannot. The I-130 petition is not a green card application. It is just a petition to establish a family relationship. Even when it is approved he cannot file for a work permit. Only people eligible to apply for green cards can apply for work permits with their applications for residence. If your husband entered the U.S. without a visa he would normally not be eligible to apply for a green card even with an approved I-130.
Answer Applies to: Massachusetts
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Immigration Attorneys, LLP
The I-130 filing alone does not generally grant any right to apply for employment authorization, unless the I-130 is filed with an I-485 Application by your husband, as the work authorization goes with the I-485 application, and not with the I-130 petition. There may be some other basis for employment authorization under Section 274a Title 8 of the Code of Federal Regulations (8 C.F.R. 274 (a) ), as amended, but that would require more facts and analysis. http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10 e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchann el=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr
Answer Applies to: Illinois
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Christine Troy
Not based on the I-130 petition. If he files for the green card using the I-485, then he can obtain work permission. If he is currently in lawful status, then he may be able to change status to a different category which allows employment.
Answer Applies to: California
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Grinberg and Segal
Your husband may be eligible to file for an employment authorization card. He would need to have a pending application for adjustment of status to be eligible.
Answer Applies to: New York
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Reza Athari & Associates, PLLC
A short answer is no. We need to talk to him to find out if he is eligible to apply for adjustment or if he has to leave and apply for waiver.
Answer Applies to: Nevada
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Nevada
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bus & Nanthaveth, PLLC
He cannot apply for a work permit if he is here unlawfully. You should meet with an attorney who can explain what will happen with the process and what to expect when your I-130 is approved. If your husband entered without a visa he will have to report to a U.S. consulate to apply for his immigrant visa. Depending on how long he has been unlawfully present in the U.S. his departure might trigger a 3 or 10 year bar and he will need to apply for a waiver. I would highly recommend talking to an attorney if that is the case.
Answer Applies to: Texas
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Kristy Qiu
Yes. You should have submitted the paperwork for that along with the I-130.
Answer Applies to: Florida
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ajay K. Arora, Attorney-at-Law, P.C.
If you are a U.S. citizen, then the adjustment of status (AOS) application can be filed now for your husband as well since he is currently in the U.S. The employment authorization document (EAD) application can be filed alongside the AOS: www.h1b1.com/Uscitizen.htm.
Answer Applies to: New York
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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