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When to file I-765 for work permit?

When to file I-765 for work permit?

Old Dec 12th 2005, 5:42 pm
  #1  
MrLan
Guest
 
Posts: n/a
Default When to file I-765 for work permit?

I have been here since 1994 with an accepted sibling I-130 and my visa
is pending. I was recently told I would qualify for a work permit
under I-765 by someone who claims to have done it under a simular
situation. Has anybody heard of this? I entered "without inspection"
and am still about two years away from getting a visa according to the
latest bulletin.


Can you file an I-765 after a I-130 with a pending status? Thanks.
 
Old Dec 14th 2005, 8:37 am
  #2  
Kevin Keane
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Posts: n/a
Default Re: When to file I-765 for work permit?

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I'm not completely clear exactly what you mean, but I can guess.

1) You arrived in the USA in 1994 without inspection.

2) Your US citizen sibling filed an I-130 at some point (when?)

3) When you say "pending" do you mean, it has not yet been approved, or do
you mean, it has been approved but you are waiting for the priority date to
become current?

In particular the answer to the second question will make a HUGE difference.
Depending on the answer to that question, you either may be able to later
file your GC paperwork within the USA and pay a $1000 fine, or you may have
to leave the USA and not return for ten years before you could even get a
Green Card.

Regardless of this, the answer to your specific question is: no, a pending
I-130 does not entitle you to anything at all. You cannot file an I-765
until you file your I-485. For siblings of US citizens, this is
approximately 12 to 25 years after filing the I-130 (depends on your
country of birth).

MrLan wrote:

    > I have been here since 1994 with an accepted sibling I-130 and my visa
    > is pending. I was recently told I would qualify for a work permit
    > under I-765 by someone who claims to have done it under a simular
    > situation. Has anybody heard of this? I entered "without inspection"
    > and am still about two years away from getting a visa according to the
    > latest bulletin.
    >
    > Can you file an I-765 after a I-130 with a pending status? Thanks.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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