F2 visa asylum and working

Old Nov 7th 2002, 12:36 am
  #1  
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Default F2 visa asylum and working

My brother applied for asylum. He and his wife got EAD for that reason. The Asylum officer denied it. Now it expires for that reason. But his wife wants to keep working. The employer does not have the EAD on file. Never asked for that. Brother is in F1 and so his wife is in F2.

a. If his wife is caught, will brother also be placed on deportation proceeding?

b. Can he or she reapply for asylum with immigration judge at that time? the ground for applying asylum applies for both.

c. If not caught, will she have problem later for adjustment of status through brother's H1 and then Greencard ?

Last edited by thekingofmemphi; Nov 7th 2002 at 12:40 am.
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Old Nov 7th 2002, 1:52 am
  #2  
Derk
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Default Re: F2 visa asylum and working

"thekingofmemphi" wrote in message
news:[email protected]...
    > My brother applied for asylum. He and his wife got EAD for that reason.
    > The Asylum officer denied it. Now it expires for that reason. But his
    > wife wants to keep working. The employer does not have the EAD on file.
    > Never asked for that. Brother is in F1 and so his wife is in F2.
    > a. If his wife is caught, will brother also be placed on deportation
    > proceeding?

As an American I would certainly hope and expect that the law would support
the fair disposition that the brother would not be affected, but the wife
would be deported. I look forward to someone more knowledgeable about
immigration law to confirm this.

    > b. Can he or she reapply for asylum with immigration judge at that time?
    > the ground for applying asylum applies for both.
    > c. If not caught, will she have problem later for adjustment of status
    > through brother's H1 and then Greencard ?

Let's all hope so.
    > --
    > Posted via http://britishexpats.com
 
Old Nov 8th 2002, 10:58 pm
  #3  
Sylvia Ottemoeller
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Default Re: F2 visa asylum and working

"thekingofmemphi" wrote in message
news:[email protected]...

    > My brother applied for asylum. He and his wife got EAD for that reason.
    > The Asylum officer denied it. Now it expires for that reason. But his
    > wife wants to keep working. The employer does not have the EAD on file.
    > Never asked for that. Brother is in F1 and so his wife is in F2.
    > a. If his wife is caught, will brother also be placed on deportation
    > proceeding?

No, not unless he has committed some violation of his own status.

    > b. Can he or she reapply for asylum with immigration judge at that time?
    > the ground for applying asylum applies for both.

I don't know much about deportation, but I would guess that she could do so.

    > c. If not caught, will she have problem later for adjustment of status
    > through brother's H1 and then Greencard ?

Maybe. It depends on a number of factors, including how long she violates
her F-2 status by working unauthorized, and if she becomes subject to the 3
and 10 year bars.
 

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