Question:
does anyone know, would be most grateful for the answer:
- Mother a US permanent resident
- daughter unmarried, over 21
- If daughter applies for a green card based on family ties:
1. is she allowed to work WHILE WAITING for the answer?
2. OR - employment authorization is ONLY SENT AFTER Green card is
approved?
3. How long does it take to get approval?
4. Green card itself?
State dept' gives some scary years...... is it really that long???
(something in 8-9 years vicinity)????? country of origin Russia.
5. Can daughter travel while waiting? guess difficulty will be in
getting back to the US....?
Anyone knows of a good immigration service in DC area?
Answer:
1. is she allowed to work WHILE WAITING for the answer?
No, and she has
to maintain her own non-immigrant status if she plans to stay in the
States while waiting for her immigrant visa number
2. OR -
employment authorization is ONLY SENT AFTER Green card is approved?
Green card will be your authorization for permanent residency and
employment, but when you apply for adjustment of status (if your
mother is still here waiting for her visa number for 9 years ), she
will get your work permit while she is waiting for AOS. Otherwise,
just enter with immigrant visa and get a GC right away.
3. How long
does it take to get approval? 9 years according to Department of
State.
4. Green card itself? If she is waiting outside the U.S.,
she will get an immigrant visa after 9 years (unless you become a
citizen in the meanwhile, then it's faster) and enter with that visa,
and get a GC upon entering the U.S. (a stamp in her passport, and
then the card in the mail).
State dept' gives some scary years......
is it really that long???
(something in 8-9 years vicinity)?????
country of origin Russia.
5. Can daughter travel while waiting?
guess difficulty will be in
getting back to the US....?
Anyone knows
of a good immigration service in DC area?
The daughter does not apply for anything to start with. The petitioner, the
mother, files an I-130 petition for the beneficiary, the daughter, asking
that she be classified in a category which allows immigration to the U.S.
Employment authorization may be obtained by filing Form I-765 simultaneously
with, or after, the beneficiary files Form I-485. The beneficiary can file
I-485 only if she is in valid nonimmigrant status, and only after the quota
has been reached and a visa number is available. For the Family 2B
category, the wait for the quota is now over nine years. With the I-485
process, this employment authorization can occur before the "green card is
approved." However, it is probably not feasible for the daughter to remain
in the U.S. all that time.
If the beneficiary must use consular immigrant visa processing, then in
effect the green card must be approved before she has employment
authorization.
There are different steps involved, and there are two different processes
for finishing up the process. The answer depends on what you are referring
to.
With consular immigrant visa processing, it will probably take nine and
one-half to ten years or more from the I-130 filing to the daughter's
entering the U.S. and becoming a permanent resident.
Country of origin does not matter unless you are from Mexico in which case
it takes 3 years longer.
Unless the daughter can get her own temporary status while waiting (hard to
do with proven immigrant intent), she will soon fall out of status and be in
the U.S. illegally. If she leaves the U.S., she cannot then get back in
until the whole process is over. If she overstays her temporary status long
enough, she will be subject to a 10 year bar before she can get back into
the U.S.
Better to hire a good attorney than a "service." aila.org is a good place
to start.
MOTHER IS ALREADY A US PERMAN. RESIDENT, SO SHE IS NOT WAITING FOR A
VISA NUMBER (ESP. FOR 9 YEARS! :-) :-)
MOTHER ALREADY ADJUSTED HER STATUS AND GOT THE GREEN CARD IN THE MAIL.
WHEN MOTHER BECOMES A US CITIZEN - IS STORY STILL THE SAME : WHAT
ABOUT EMPLOYMENT FOR THE DAUGHTER WHILE WAITING FOR GREEN CARD AND HOW
LONG DOES IT TAKE IN THIS CASE? (you mentioned it is faster)
This may explain it easier for you ..
http://uscis.gov/graphics/howdoi/child.htm
The mother is the one applying for an immigrant number for the
