Can I get a work permit while waiting for F2B petition to be approved? 9 Answers as of June 28, 2013

My father just got his green card and wants to file for me but I am 25 years old so I have been told it will be under F2B. My questions: 1. How long will I have to wait to get my green card 2. Can I get work authorization while I wait? 3. Can I travel out of the USA while I wait? I am here as an F1 student and I graduate in about a year and a half.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, you cannot get any immigration benefits based on your father's I-130 until a visa priority date becomes available. If you will be traveling, it would have to be on the basis of your F-1. However, you should know that F-1 is a nonimmigrant intent visa and if you have a pending I-130 and travel with F-1 visa, you may not be permitted to enter the US as you will be seen as having immigrant intent which is not permitted with F-1 status.
Answer Applies to: California
Replied: 9/11/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Hello: The visa number must be current and you must be able to adjust to get a work permit. It will take many years.
Answer Applies to: California
Replied: 8/14/2012
Coane and Associates
Coane and Associates | Bruce Coane
You should sit down with a qualified immigration lawyer as there are no simple answers here.
Answer Applies to: Texas
Replied: 8/14/2012
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
F2B is backed up 8.5 years (11 years for Philippines, 20 years for Mexico) Your father filing of a family petition for you does not give you any immigration benefits, no work authorization, no permission to remain in the U.S., nothing.

You could travel while you are on a valid F-1, but I would advise against it because, once your father files the petition for you, it will act as evidence of your intent to immigrate into the U.S., and USCIS holds that such intent is incompatible with a non-immigrant visa (including F-1).

So you might be denied admission when trying to re-enter after a trip abroad. Filing of a family petition will also hurt your chances of getting any other non-immigrant visa, such as H-1B, for the same reason ("demonstrated immigrant intent")

I suggest that you should get an immigration attorney to review your father's case: depending on the details, you might be eligible to receive a green card as a beneficiary of your father's adjustment application.
Answer Applies to: New York
Replied: 8/14/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
What country are you from?
Answer Applies to: Texas
Replied: 6/28/2013
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    1. How long will I have to wait to get my green card: It depends on your country of origin and visa availability. 2. Can I get work authorization while I wait? No you cannot if based on your Dad's future visa petition. 3. Can I travel out of the USA while I wait? As an F1 you can travel in and out of the country, no issues there.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You can only get a work permit after the I-485 is filed, and for that to be filed your priority date would need to be current. That is probably unlikely to happen before your studies are finished. Hopefully you will be able to secure an H-1b to cover the gap time.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Unfortunately, I cannot answer all of your questions without more information. The question as to how long you will have to wait depends upon what country you are immigrating from. The current visa bulletin has a backlog for visas of between eight to twenty years. You cannot obtain employment authorization while you wait. You are only entitled to employment authorization if you have an application for adjustment of status pending. This cannot be filed for your classification until a visa is immediately available. You can theoretically travel outside the United States while you maintain F-1 status. Please keep in mind that the petition your father is filing is a preference petition. You will not be eligible to adjust your status in the United States if you fail to maintain lawful immigration status until the time a visa is available. In addition, you will begin accruing unlawful presence the moment you fall out of status if you remain illegally in the United States. You may become subject to a bar of 3 or 10 years. It is in your best interest to maintain lawful immigration status or depart the United States as you run the risk of not being able to immigrate once a visa is available.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Office of Bijal Jani | Bijal Jani
    The time frame for an F2B depends on the country you are immigrating from. Some countries, like India, take longer. You can check on the Department of State's website for priority dates that they are currently working on.
    Answer Applies to: New York
    Replied: 8/14/2012
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