Can my husband get a work permit while waiting for his visa? 4 Answers as of February 09, 2011

My husband, from Philippines, was petitioned by his mom, who is a US citizen. The petition was approved 4 years ago. How much longer does he have to wait to get his visa? Can he get a work permit while waiting?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Something must have been wrong if he has waited for 4 years for his visa after his immigration petition is approved. Look for a lawyer to help yo to locate the case. Good luck!
Answer Applies to: Florida
Replied: 2/9/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Everything depends on the date that the petition was filed on. If prior to April 30,2001 then once the priority date is current then he can apply for a work permit as part of his adjustment package.
Answer Applies to: Florida
Replied: 2/9/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
He can only apply for a work permit when he applies for adjustment of status. He can only apply for adjustment of status when his priority date is current. The priority date for married adult sons (from the Philippines) of a U.S. Citizens is October 1991. It will be quite a while before his priority date will be current. Additionally, in order to be eligible to file for adjustment of status when the priority date is current, your husband will either have to be in status, or protected under Section 245(i).
Answer Applies to: California
Replied: 2/9/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Unfortunately no work permission is given until he actually files for his green card. Under the current visa bulletin, DHS is currently processing applications for married sons of US citizens that were filed in 1992. I recommend that you see a qualified attorney to explore more expedient green card options! (Also I hope you were married before the application was filed?)
Answer Applies to: California
Replied: 2/9/2011
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