Question regarding getting EAD on V-2 visa above 21 years of age.
Jul 23rd 2003, 8:52 am
#1
Guest
Posts: n/a
Question regarding getting EAD on V-2 visa above 21 years of age.
Hi,
I recently got my V-2 visa for 10 years before I turned 21. I also got
my I-94 stamped at the airport for 2 years on arrival !
However, from all the information I read on the web, V-2 visa is
only valid upto age 21. I am now wondering if my visa and I-94 were
issued beyond age 21 in error ?
I have subsequently applied for EAD. Will my EAD get approved by INS
given that V-2 is only supposed to be valid till age 21 and I just
turned 21 after landing in US ?
IS there is any chance that my EAD is going to get approved ?
Thanks
I recently got my V-2 visa for 10 years before I turned 21. I also got
my I-94 stamped at the airport for 2 years on arrival !
However, from all the information I read on the web, V-2 visa is
only valid upto age 21. I am now wondering if my visa and I-94 were
issued beyond age 21 in error ?
I have subsequently applied for EAD. Will my EAD get approved by INS
given that V-2 is only supposed to be valid till age 21 and I just
turned 21 after landing in US ?
IS there is any chance that my EAD is going to get approved ?
Thanks
Jul 23rd 2003, 3:07 pm
#2
Guest
Posts: n/a
Re: Question regarding getting EAD on V-2 visa above 21 years of age.
On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
> Hi,
>
> I recently got my V-2 visa for 10 years before I turned 21. I also got
> my I-94 stamped at the airport for 2 years on arrival !
>
> However, from all the information I read on the web, V-2 visa is
> only valid upto age 21. I am now wondering if my visa and I-94 were
> issued beyond age 21 in error ?
I think you are right.
> I have subsequently applied for EAD. Will my EAD get approved by INS
> given that V-2 is only supposed to be valid till age 21 and I just
> turned 21 after landing in US ?
>
> IS there is any chance that my EAD is going to get approved ?
Actually, I think the chance is pretty good. BCIS (INS no longer exists)
often doesn't realize such things.
However, I would recommend that you consult with an attorney. My own take
on your situation is that you may want to err on the side of caution and
leave the US to avoid being considered out of status. Even if you get your
EAD now, that could come back to haunt you later.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hi,
>
> I recently got my V-2 visa for 10 years before I turned 21. I also got
> my I-94 stamped at the airport for 2 years on arrival !
>
> However, from all the information I read on the web, V-2 visa is
> only valid upto age 21. I am now wondering if my visa and I-94 were
> issued beyond age 21 in error ?
I think you are right.
> I have subsequently applied for EAD. Will my EAD get approved by INS
> given that V-2 is only supposed to be valid till age 21 and I just
> turned 21 after landing in US ?
>
> IS there is any chance that my EAD is going to get approved ?
Actually, I think the chance is pretty good. BCIS (INS no longer exists)
often doesn't realize such things.
However, I would recommend that you consult with an attorney. My own take
on your situation is that you may want to err on the side of caution and
leave the US to avoid being considered out of status. Even if you get your
EAD now, that could come back to haunt you later.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
Jul 24th 2003, 1:27 pm
#3
Guest
Posts: n/a
Re: Question regarding getting EAD on V-2 visa above 21 years of age.
Ingo, Thanks for your reply.
Suppose I don't get EAD, and I join school, does my visa allow me to
work on campus ?
Ingo Pakleppa wrote in message news:...
> On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
>
> > Hi,
> >
> > I recently got my V-2 visa for 10 years before I turned 21. I also got
> > my I-94 stamped at the airport for 2 years on arrival !
> >
> > However, from all the information I read on the web, V-2 visa is
> > only valid upto age 21. I am now wondering if my visa and I-94 were
> > issued beyond age 21 in error ?
>
> I think you are right.
>
> > I have subsequently applied for EAD. Will my EAD get approved by INS
> > given that V-2 is only supposed to be valid till age 21 and I just
> > turned 21 after landing in US ?
> >
> > IS there is any chance that my EAD is going to get approved ?
>
> Actually, I think the chance is pretty good. BCIS (INS no longer exists)
> often doesn't realize such things.
>
> However, I would recommend that you consult with an attorney. My own take
> on your situation is that you may want to err on the side of caution and
> leave the US to avoid being considered out of status. Even if you get your
> EAD now, that could come back to haunt you later.
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539 and H.R. 832. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my new Web site
> http://www.ingopakleppa.com ! Comments are welcome.
Suppose I don't get EAD, and I join school, does my visa allow me to
work on campus ?
Ingo Pakleppa wrote in message news:...
> On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
>
> > Hi,
> >
> > I recently got my V-2 visa for 10 years before I turned 21. I also got
> > my I-94 stamped at the airport for 2 years on arrival !
> >
> > However, from all the information I read on the web, V-2 visa is
> > only valid upto age 21. I am now wondering if my visa and I-94 were
> > issued beyond age 21 in error ?
>
> I think you are right.
>
> > I have subsequently applied for EAD. Will my EAD get approved by INS
> > given that V-2 is only supposed to be valid till age 21 and I just
> > turned 21 after landing in US ?
> >
> > IS there is any chance that my EAD is going to get approved ?
>
> Actually, I think the chance is pretty good. BCIS (INS no longer exists)
> often doesn't realize such things.
>
> However, I would recommend that you consult with an attorney. My own take
> on your situation is that you may want to err on the side of caution and
> leave the US to avoid being considered out of status. Even if you get your
> EAD now, that could come back to haunt you later.
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539 and H.R. 832. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my new Web site
> http://www.ingopakleppa.com ! Comments are welcome.
Jul 24th 2003, 3:10 pm
#4
Guest
Posts: n/a
Re: Question regarding getting EAD on V-2 visa above 21 years of age.
"dd" wrote in message
news:[email protected]...
> Ingo, Thanks for your reply.
> Suppose I don't get EAD, and I join school, does my visa allow me to
> work on campus ?
If you hadn't turned 21 yet, yes, but since you have, your visa doesn't even
allow you to remain in the US, let alone study.
You could apply for an F-1 visa, but since you are out of status this would
have to be done in your home country. Once out of status you cannot change
to another status inside the US anymore. Also, because you were a dependent
of a V-1 visa holder chances of getting an F-1 are slim, since the consulate
will assume immigration intent.
Another posssibility is to have the Permanent Resident (I assume that's one
of your parents) sponsor an I-130 immigrant petition in the Family 2B
Preference (Unmarried sons and daughters (21 years of age or older) of
Permanent Residents) for you. Unfortunately, there's an even longer wait on
those (5 years) than on the related F2A Preference (Spouses and Children,
and Unmarried Sons and Daughters of Permanent Residents). Check out Ingo's
FAQ regarding this issue http://www.kkeane.com/lobbyspousal-faq.shtml.
So, it might be faster to wait until your PR parent becomes a US Citizen and
have him/her sponsor you an I-130 immigrant petition. You would then be in
the Family First Preference category, and the wait is much shorter on those.
But, as Ingo says, you should consult a lawyer asap. The fact that the
immigration officer at the airport mistakenly gave you permission to stay in
the US almost two years beyond your 21st birthday could be used to your
advantage.
Good luck,
Jozef
> Ingo Pakleppa wrote in message
news:...
> > On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
> >
> > > Hi,
> > >
> > > I recently got my V-2 visa for 10 years before I turned 21. I also got
> > > my I-94 stamped at the airport for 2 years on arrival !
> > >
> > > However, from all the information I read on the web, V-2 visa is
> > > only valid upto age 21. I am now wondering if my visa and I-94 were
> > > issued beyond age 21 in error ?
> >
> > I think you are right.
> >
> > > I have subsequently applied for EAD. Will my EAD get approved by INS
> > > given that V-2 is only supposed to be valid till age 21 and I just
> > > turned 21 after landing in US ?
> > >
> > > IS there is any chance that my EAD is going to get approved ?
> >
> > Actually, I think the chance is pretty good. BCIS (INS no longer exists)
> > often doesn't realize such things.
> >
> > However, I would recommend that you consult with an attorney. My own
take
> > on your situation is that you may want to err on the side of caution and
> > leave the US to avoid being considered out of status. Even if you get
your
> > EAD now, that could come back to haunt you later.
> >
> > --
> > Remember, I am strictly a layperson without any legal training. I
encourage
> > everybody to seek competent legal counsel rather than relying on usenet
> > newsgroups.
> >
> > Please support H.R. 539 and H.R. 832. More information at
> > http://www.kkeane.com/lobbyspousal-faq.shtml
> >
> > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
> >
> > My email address in usenet posts is now invalid for spam protection. See
> > my Web site for information on how to contact me.
> >
> > Please feel free to enjoy some of my photographs at my new Web site
> > http://www.ingopakleppa.com ! Comments are welcome.
news:[email protected]...
> Ingo, Thanks for your reply.
> Suppose I don't get EAD, and I join school, does my visa allow me to
> work on campus ?
If you hadn't turned 21 yet, yes, but since you have, your visa doesn't even
allow you to remain in the US, let alone study.
You could apply for an F-1 visa, but since you are out of status this would
have to be done in your home country. Once out of status you cannot change
to another status inside the US anymore. Also, because you were a dependent
of a V-1 visa holder chances of getting an F-1 are slim, since the consulate
will assume immigration intent.
Another posssibility is to have the Permanent Resident (I assume that's one
of your parents) sponsor an I-130 immigrant petition in the Family 2B
Preference (Unmarried sons and daughters (21 years of age or older) of
Permanent Residents) for you. Unfortunately, there's an even longer wait on
those (5 years) than on the related F2A Preference (Spouses and Children,
and Unmarried Sons and Daughters of Permanent Residents). Check out Ingo's
FAQ regarding this issue http://www.kkeane.com/lobbyspousal-faq.shtml.
So, it might be faster to wait until your PR parent becomes a US Citizen and
have him/her sponsor you an I-130 immigrant petition. You would then be in
the Family First Preference category, and the wait is much shorter on those.
But, as Ingo says, you should consult a lawyer asap. The fact that the
immigration officer at the airport mistakenly gave you permission to stay in
the US almost two years beyond your 21st birthday could be used to your
advantage.
Good luck,
Jozef
> Ingo Pakleppa wrote in message
news:...
> > On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
> >
> > > Hi,
> > >
> > > I recently got my V-2 visa for 10 years before I turned 21. I also got
> > > my I-94 stamped at the airport for 2 years on arrival !
> > >
> > > However, from all the information I read on the web, V-2 visa is
> > > only valid upto age 21. I am now wondering if my visa and I-94 were
> > > issued beyond age 21 in error ?
> >
> > I think you are right.
> >
> > > I have subsequently applied for EAD. Will my EAD get approved by INS
> > > given that V-2 is only supposed to be valid till age 21 and I just
> > > turned 21 after landing in US ?
> > >
> > > IS there is any chance that my EAD is going to get approved ?
> >
> > Actually, I think the chance is pretty good. BCIS (INS no longer exists)
> > often doesn't realize such things.
> >
> > However, I would recommend that you consult with an attorney. My own
take
> > on your situation is that you may want to err on the side of caution and
> > leave the US to avoid being considered out of status. Even if you get
your
> > EAD now, that could come back to haunt you later.
> >
> > --
> > Remember, I am strictly a layperson without any legal training. I
encourage
> > everybody to seek competent legal counsel rather than relying on usenet
> > newsgroups.
> >
> > Please support H.R. 539 and H.R. 832. More information at
> > http://www.kkeane.com/lobbyspousal-faq.shtml
> >
> > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
> >
> > My email address in usenet posts is now invalid for spam protection. See
> > my Web site for information on how to contact me.
> >
> > Please feel free to enjoy some of my photographs at my new Web site
> > http://www.ingopakleppa.com ! Comments are welcome.
Jul 24th 2003, 7:21 pm
#5
Guest
Posts: n/a
Re: Question regarding getting EAD on V-2 visa above 21 years of age.
No. This would only be an option if you had F-1 status. But, see my
previous response, your main problem isn't work authorization. The main
problem you need to address is whether you have a valid status in the
first place.
On Thu, 24 Jul 2003 18:27:46 -0700, dd wrote:
> Ingo, Thanks for your reply.
>
> Suppose I don't get EAD, and I join school, does my visa allow me to
> work on campus ?
>
>
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]>. ..
>> On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
>>
>> > Hi,
>> >
>> > I recently got my V-2 visa for 10 years before I turned 21. I also
>> > got my I-94 stamped at the airport for 2 years on arrival !
>> >
>> > However, from all the information I read on the web, V-2 visa is
>> > only valid upto age 21. I am now wondering if my visa and I-94 were
>> > issued beyond age 21 in error ?
>>
>> I think you are right.
>>
>> > I have subsequently applied for EAD. Will my EAD get approved by INS
>> > given that V-2 is only supposed to be valid till age 21 and I just
>> > turned 21 after landing in US ?
>> >
>> > IS there is any chance that my EAD is going to get approved ?
>>
>> Actually, I think the chance is pretty good. BCIS (INS no longer
>> exists) often doesn't realize such things.
>>
>> However, I would recommend that you consult with an attorney. My own
>> take on your situation is that you may want to err on the side of
>> caution and leave the US to avoid being considered out of status. Even
>> if you get your EAD now, that could come back to haunt you later.
>>
>> --
>> Remember, I am strictly a layperson without any legal training. I
>> encourage everybody to seek competent legal counsel rather than relying
>> on usenet newsgroups.
>>
>> Please support H.R. 539 and H.R. 832. More information at
>> http://www.kkeane.com/lobbyspousal-faq.shtml
>>
>> Please visit my new FAQ at http://www.kkeane.com (always under
>> construction)
>>
>> My email address in usenet posts is now invalid for spam protection.
>> See my Web site for information on how to contact me.
>>
>> Please feel free to enjoy some of my photographs at my new Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
previous response, your main problem isn't work authorization. The main
problem you need to address is whether you have a valid status in the
first place.
On Thu, 24 Jul 2003 18:27:46 -0700, dd wrote:
> Ingo, Thanks for your reply.
>
> Suppose I don't get EAD, and I join school, does my visa allow me to
> work on campus ?
>
>
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]>. ..
>> On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
>>
>> > Hi,
>> >
>> > I recently got my V-2 visa for 10 years before I turned 21. I also
>> > got my I-94 stamped at the airport for 2 years on arrival !
>> >
>> > However, from all the information I read on the web, V-2 visa is
>> > only valid upto age 21. I am now wondering if my visa and I-94 were
>> > issued beyond age 21 in error ?
>>
>> I think you are right.
>>
>> > I have subsequently applied for EAD. Will my EAD get approved by INS
>> > given that V-2 is only supposed to be valid till age 21 and I just
>> > turned 21 after landing in US ?
>> >
>> > IS there is any chance that my EAD is going to get approved ?
>>
>> Actually, I think the chance is pretty good. BCIS (INS no longer
>> exists) often doesn't realize such things.
>>
>> However, I would recommend that you consult with an attorney. My own
>> take on your situation is that you may want to err on the side of
>> caution and leave the US to avoid being considered out of status. Even
>> if you get your EAD now, that could come back to haunt you later.
>>
>> --
>> Remember, I am strictly a layperson without any legal training. I
>> encourage everybody to seek competent legal counsel rather than relying
>> on usenet newsgroups.
>>
>> Please support H.R. 539 and H.R. 832. More information at
>> http://www.kkeane.com/lobbyspousal-faq.shtml
>>
>> Please visit my new FAQ at http://www.kkeane.com (always under
>> construction)
>>
>> My email address in usenet posts is now invalid for spam protection.
>> See my Web site for information on how to contact me.
>>
>> Please feel free to enjoy some of my photographs at my new Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Jul 24th 2003, 7:28 pm
#6
Guest
Posts: n/a
Re: Question regarding getting EAD on V-2 visa above 21 years of age.
On Fri, 25 Jul 2003 03:10:32 +0000, Jozef wrote:
> "dd" <[email protected]> wrote in message
> news:[email protected]...
>> Ingo, Thanks for your reply.
>> Suppose I don't get EAD, and I join school, does my visa allow me to
>> work on campus ?
> If you hadn't turned 21 yet, yes, but since you have, your visa doesn't
> even allow you to remain in the US, let alone study.
>
> You could apply for an F-1 visa, but since you are out of status this
> would have to be done in your home country. Once out of status you
> cannot change to another status inside the US anymore. Also, because you
> were a dependent of a V-1 visa holder chances of getting an F-1 are
> slim, since the consulate will assume immigration intent.
>
> Another posssibility is to have the Permanent Resident (I assume that's
> one of your parents) sponsor an I-130 immigrant petition in the Family
> 2B Preference (Unmarried sons and daughters (21 years of age or older)
> of Permanent Residents) for you. Unfortunately, there's an even longer
> wait on those (5 years) than on the related F2A Preference (Spouses and
> Children, and Unmarried Sons and Daughters of Permanent Residents).
> Check out Ingo's FAQ regarding this issue
> http://www.kkeane.com/lobbyspousal-faq.shtml.
There is no need to do that. The parent must have already filed an I-130
for dd in the Family 2A category. When he turned 21, this I-130
automatically became a Family 2B petition, no action required.
However, if he remains in the US, it is possible that this petition won't
do any good because sooner or later, he would face a ban from the US, and
by the time the priority date is current, this ban may not have expired
yet. It is very difficult to guess exactly when this ban would kick in
(since he does have an unexpired I-94 right now, I doubt it would be right
now), and the ban can be anything from three to ten years (there are even
longer bans, but I don't really see how those could apply here).
> So, it might be faster to wait until your PR parent becomes a US Citizen
> and have him/her sponsor you an I-130 immigrant petition. You would then
> be in the Family First Preference category, and the wait is much shorter
> on those.
The same thing applies again: the Family 2B petition automatically becomes
a Family 1st petition, no action required.
It is actually not true that Family 1st is faster than F2B - for people
born in the Philippines, it is actually slower. For this reason, there is
one exception: the beneficiary can decline this conversion within one year
of the PD for Family 2B becoming current.
> But, as Ingo says, you should consult a lawyer asap. The fact that the
> immigration officer at the airport mistakenly gave you permission to
> stay in the US almost two years beyond your 21st birthday could be used
> to your advantage.
>
>
>
> Good luck,
>
>
> Jozef
>
>
>
>> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]>. ..
>> > On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
>> >
>> > > Hi,
>> > >
>> > > I recently got my V-2 visa for 10 years before I turned 21. I also
>> > > got my I-94 stamped at the airport for 2 years on arrival !
>> > >
>> > > However, from all the information I read on the web, V-2 visa
>> > > is
>> > > only valid upto age 21. I am now wondering if my visa and I-94 were
>> > > issued beyond age 21 in error ?
>> >
>> > I think you are right.
>> >
>> > > I have subsequently applied for EAD. Will my EAD get approved by
>> > > INS given that V-2 is only supposed to be valid till age 21 and I
>> > > just turned 21 after landing in US ?
>> > >
>> > > IS there is any chance that my EAD is going to get approved ?
>> >
>> > Actually, I think the chance is pretty good. BCIS (INS no longer
>> > exists) often doesn't realize such things.
>> >
>> > However, I would recommend that you consult with an attorney. My own
> take
>> > on your situation is that you may want to err on the side of caution
>> > and leave the US to avoid being considered out of status. Even if you
>> > get
> your
>> > EAD now, that could come back to haunt you later.
>> >
>> > --
>> > Remember, I am strictly a layperson without any legal training. I
> encourage
>> > everybody to seek competent legal counsel rather than relying on
>> > usenet newsgroups.
>> >
>> > Please support H.R. 539 and H.R. 832. More information at
>> > http://www.kkeane.com/lobbyspousal-faq.shtml
>> >
>> > Please visit my new FAQ at http://www.kkeane.com (always under
> construction)
>> >
>> > My email address in usenet posts is now invalid for spam protection.
>> > See my Web site for information on how to contact me.
>> >
>> > Please feel free to enjoy some of my photographs at my new Web site
>> > http://www.ingopakleppa.com ! Comments are welcome.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> "dd" <[email protected]> wrote in message
> news:[email protected]...
>> Ingo, Thanks for your reply.
>> Suppose I don't get EAD, and I join school, does my visa allow me to
>> work on campus ?
> If you hadn't turned 21 yet, yes, but since you have, your visa doesn't
> even allow you to remain in the US, let alone study.
>
> You could apply for an F-1 visa, but since you are out of status this
> would have to be done in your home country. Once out of status you
> cannot change to another status inside the US anymore. Also, because you
> were a dependent of a V-1 visa holder chances of getting an F-1 are
> slim, since the consulate will assume immigration intent.
>
> Another posssibility is to have the Permanent Resident (I assume that's
> one of your parents) sponsor an I-130 immigrant petition in the Family
> 2B Preference (Unmarried sons and daughters (21 years of age or older)
> of Permanent Residents) for you. Unfortunately, there's an even longer
> wait on those (5 years) than on the related F2A Preference (Spouses and
> Children, and Unmarried Sons and Daughters of Permanent Residents).
> Check out Ingo's FAQ regarding this issue
> http://www.kkeane.com/lobbyspousal-faq.shtml.
There is no need to do that. The parent must have already filed an I-130
for dd in the Family 2A category. When he turned 21, this I-130
automatically became a Family 2B petition, no action required.
However, if he remains in the US, it is possible that this petition won't
do any good because sooner or later, he would face a ban from the US, and
by the time the priority date is current, this ban may not have expired
yet. It is very difficult to guess exactly when this ban would kick in
(since he does have an unexpired I-94 right now, I doubt it would be right
now), and the ban can be anything from three to ten years (there are even
longer bans, but I don't really see how those could apply here).
> So, it might be faster to wait until your PR parent becomes a US Citizen
> and have him/her sponsor you an I-130 immigrant petition. You would then
> be in the Family First Preference category, and the wait is much shorter
> on those.
The same thing applies again: the Family 2B petition automatically becomes
a Family 1st petition, no action required.
It is actually not true that Family 1st is faster than F2B - for people
born in the Philippines, it is actually slower. For this reason, there is
one exception: the beneficiary can decline this conversion within one year
of the PD for Family 2B becoming current.
> But, as Ingo says, you should consult a lawyer asap. The fact that the
> immigration officer at the airport mistakenly gave you permission to
> stay in the US almost two years beyond your 21st birthday could be used
> to your advantage.
>
>
>
> Good luck,
>
>
> Jozef
>
>
>
>> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]>. ..
>> > On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
>> >
>> > > Hi,
>> > >
>> > > I recently got my V-2 visa for 10 years before I turned 21. I also
>> > > got my I-94 stamped at the airport for 2 years on arrival !
>> > >
>> > > However, from all the information I read on the web, V-2 visa
>> > > is
>> > > only valid upto age 21. I am now wondering if my visa and I-94 were
>> > > issued beyond age 21 in error ?
>> >
>> > I think you are right.
>> >
>> > > I have subsequently applied for EAD. Will my EAD get approved by
>> > > INS given that V-2 is only supposed to be valid till age 21 and I
>> > > just turned 21 after landing in US ?
>> > >
>> > > IS there is any chance that my EAD is going to get approved ?
>> >
>> > Actually, I think the chance is pretty good. BCIS (INS no longer
>> > exists) often doesn't realize such things.
>> >
>> > However, I would recommend that you consult with an attorney. My own
> take
>> > on your situation is that you may want to err on the side of caution
>> > and leave the US to avoid being considered out of status. Even if you
>> > get
> your
>> > EAD now, that could come back to haunt you later.
>> >
>> > --
>> > Remember, I am strictly a layperson without any legal training. I
> encourage
>> > everybody to seek competent legal counsel rather than relying on
>> > usenet newsgroups.
>> >
>> > Please support H.R. 539 and H.R. 832. More information at
>> > http://www.kkeane.com/lobbyspousal-faq.shtml
>> >
>> > Please visit my new FAQ at http://www.kkeane.com (always under
> construction)
>> >
>> > My email address in usenet posts is now invalid for spam protection.
>> > See my Web site for information on how to contact me.
>> >
>> > Please feel free to enjoy some of my photographs at my new Web site
>> > http://www.ingopakleppa.com ! Comments are welcome.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Jul 25th 2003, 2:52 am
#7
Guest
Posts: n/a
Re: Question regarding getting EAD on V-2 visa above 21 years of age.
"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news
[email protected]...
> On Fri, 25 Jul 2003 03:10:32 +0000, Jozef wrote:
> > "dd" <[email protected]> wrote in message
> > news:[email protected]...
> >> Ingo, Thanks for your reply.
> >>
> >> Suppose I don't get EAD, and I join school, does my visa allow me to
> >> work on campus ?
> >>
> > If you hadn't turned 21 yet, yes, but since you have, your visa doesn't
> > even allow you to remain in the US, let alone study.
> >
> > You could apply for an F-1 visa, but since you are out of status this
> > would have to be done in your home country. Once out of status you
> > cannot change to another status inside the US anymore. Also, because you
> > were a dependent of a V-1 visa holder chances of getting an F-1 are
> > slim, since the consulate will assume immigration intent.
> >
> > Another posssibility is to have the Permanent Resident (I assume that's
> > one of your parents) sponsor an I-130 immigrant petition in the Family
> > 2B Preference (Unmarried sons and daughters (21 years of age or older)
> > of Permanent Residents) for you. Unfortunately, there's an even longer
> > wait on those (5 years) than on the related F2A Preference (Spouses and
> > Children, and Unmarried Sons and Daughters of Permanent Residents).
> > Check out Ingo's FAQ regarding this issue
> > http://www.kkeane.com/lobbyspousal-faq.shtml.
> There is no need to do that. The parent must have already filed an I-130
> for dd in the Family 2A category. When he turned 21, this I-130
> automatically became a Family 2B petition, no action required.
Interesting! BCIS would actually move an application from one preference to
another automatically? And assign it different treatment as a result? I'm
impressed!
> However, if he remains in the US, it is possible that this petition won't
> do any good because sooner or later, he would face a ban from the US, and
> by the time the priority date is current, this ban may not have expired
> yet. It is very difficult to guess exactly when this ban would kick in
> (since he does have an unexpired I-94 right now, I doubt it would be right
> now), and the ban can be anything from three to ten years (there are even
> longer bans, but I don't really see how those could apply here).
> > So, it might be faster to wait until your PR parent becomes a US Citizen
> > and have him/her sponsor you an I-130 immigrant petition. You would then
> > be in the Family First Preference category, and the wait is much shorter
> > on those.
> The same thing applies again: the Family 2B petition automatically becomes
> a Family 1st petition, no action required.
> It is actually not true that Family 1st is faster than F2B - for people
> born in the Philippines, it is actually slower. For this reason, there is
> one exception: the beneficiary can decline this conversion within one year
> of the PD for Family 2B becoming current.
> > But, as Ingo says, you should consult a lawyer asap. The fact that the
> > immigration officer at the airport mistakenly gave you permission to
> > stay in the US almost two years beyond your 21st birthday could be used
> > to your advantage.
> >
> >
> >
> > Good luck,
> >
> >
> > Jozef
> >
> >
> >
> >> Ingo Pakleppa <[email protected]> wrote in message
> > news:<[email protected]>. ..
> >> > On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
> >> >
> >> > > Hi,
> >> > >
> >> > > I recently got my V-2 visa for 10 years before I turned 21. I also
> >> > > got my I-94 stamped at the airport for 2 years on arrival !
> >> > >
> >> > > However, from all the information I read on the web, V-2 visa
> >> > > is
> >> > > only valid upto age 21. I am now wondering if my visa and I-94 were
> >> > > issued beyond age 21 in error ?
> >> >
> >> > I think you are right.
> >> >
> >> > > I have subsequently applied for EAD. Will my EAD get approved by
> >> > > INS given that V-2 is only supposed to be valid till age 21 and I
> >> > > just turned 21 after landing in US ?
> >> > >
> >> > > IS there is any chance that my EAD is going to get approved ?
> >> >
> >> > Actually, I think the chance is pretty good. BCIS (INS no longer
> >> > exists) often doesn't realize such things.
> >> >
> >> > However, I would recommend that you consult with an attorney. My own
> > take
> >> > on your situation is that you may want to err on the side of caution
> >> > and leave the US to avoid being considered out of status. Even if you
> >> > get
> > your
> >> > EAD now, that could come back to haunt you later.
> >> >
> >> > --
> >> > Remember, I am strictly a layperson without any legal training. I
> > encourage
> >> > everybody to seek competent legal counsel rather than relying on
> >> > usenet newsgroups.
> >> >
> >> > Please support H.R. 539 and H.R. 832. More information at
> >> > http://www.kkeane.com/lobbyspousal-faq.shtml
> >> >
> >> > Please visit my new FAQ at http://www.kkeane.com (always under
> > construction)
> >> >
> >> > My email address in usenet posts is now invalid for spam protection.
> >> > See my Web site for information on how to contact me.
> >> >
> >> > Please feel free to enjoy some of my photographs at my new Web site
> >> > http://www.ingopakleppa.com ! Comments are welcome.
> --
> Remember, I am strictly a layperson without any legal training. I
encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
> Please support H.R. 539 and H.R. 832. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
> Please visit my new FAQ at http://www.kkeane.com (always under
construction)
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
> Now with new photos! Please feel free to enjoy some of my photographs at
my
> new Web site http://www.ingopakleppa.com ! Comments are welcome.
news
[email protected]...> On Fri, 25 Jul 2003 03:10:32 +0000, Jozef wrote:
> > "dd" <[email protected]> wrote in message
> > news:[email protected]...
> >> Ingo, Thanks for your reply.
> >>
> >> Suppose I don't get EAD, and I join school, does my visa allow me to
> >> work on campus ?
> >>
> > If you hadn't turned 21 yet, yes, but since you have, your visa doesn't
> > even allow you to remain in the US, let alone study.
> >
> > You could apply for an F-1 visa, but since you are out of status this
> > would have to be done in your home country. Once out of status you
> > cannot change to another status inside the US anymore. Also, because you
> > were a dependent of a V-1 visa holder chances of getting an F-1 are
> > slim, since the consulate will assume immigration intent.
> >
> > Another posssibility is to have the Permanent Resident (I assume that's
> > one of your parents) sponsor an I-130 immigrant petition in the Family
> > 2B Preference (Unmarried sons and daughters (21 years of age or older)
> > of Permanent Residents) for you. Unfortunately, there's an even longer
> > wait on those (5 years) than on the related F2A Preference (Spouses and
> > Children, and Unmarried Sons and Daughters of Permanent Residents).
> > Check out Ingo's FAQ regarding this issue
> > http://www.kkeane.com/lobbyspousal-faq.shtml.
> There is no need to do that. The parent must have already filed an I-130
> for dd in the Family 2A category. When he turned 21, this I-130
> automatically became a Family 2B petition, no action required.
Interesting! BCIS would actually move an application from one preference to
another automatically? And assign it different treatment as a result? I'm
impressed!
> However, if he remains in the US, it is possible that this petition won't
> do any good because sooner or later, he would face a ban from the US, and
> by the time the priority date is current, this ban may not have expired
> yet. It is very difficult to guess exactly when this ban would kick in
> (since he does have an unexpired I-94 right now, I doubt it would be right
> now), and the ban can be anything from three to ten years (there are even
> longer bans, but I don't really see how those could apply here).
> > So, it might be faster to wait until your PR parent becomes a US Citizen
> > and have him/her sponsor you an I-130 immigrant petition. You would then
> > be in the Family First Preference category, and the wait is much shorter
> > on those.
> The same thing applies again: the Family 2B petition automatically becomes
> a Family 1st petition, no action required.
> It is actually not true that Family 1st is faster than F2B - for people
> born in the Philippines, it is actually slower. For this reason, there is
> one exception: the beneficiary can decline this conversion within one year
> of the PD for Family 2B becoming current.
> > But, as Ingo says, you should consult a lawyer asap. The fact that the
> > immigration officer at the airport mistakenly gave you permission to
> > stay in the US almost two years beyond your 21st birthday could be used
> > to your advantage.
> >
> >
> >
> > Good luck,
> >
> >
> > Jozef
> >
> >
> >
> >> Ingo Pakleppa <[email protected]> wrote in message
> > news:<[email protected]>. ..
> >> > On Wed, 23 Jul 2003 13:52:08 -0700, dd wrote:
> >> >
> >> > > Hi,
> >> > >
> >> > > I recently got my V-2 visa for 10 years before I turned 21. I also
> >> > > got my I-94 stamped at the airport for 2 years on arrival !
> >> > >
> >> > > However, from all the information I read on the web, V-2 visa
> >> > > is
> >> > > only valid upto age 21. I am now wondering if my visa and I-94 were
> >> > > issued beyond age 21 in error ?
> >> >
> >> > I think you are right.
> >> >
> >> > > I have subsequently applied for EAD. Will my EAD get approved by
> >> > > INS given that V-2 is only supposed to be valid till age 21 and I
> >> > > just turned 21 after landing in US ?
> >> > >
> >> > > IS there is any chance that my EAD is going to get approved ?
> >> >
> >> > Actually, I think the chance is pretty good. BCIS (INS no longer
> >> > exists) often doesn't realize such things.
> >> >
> >> > However, I would recommend that you consult with an attorney. My own
> > take
> >> > on your situation is that you may want to err on the side of caution
> >> > and leave the US to avoid being considered out of status. Even if you
> >> > get
> > your
> >> > EAD now, that could come back to haunt you later.
> >> >
> >> > --
> >> > Remember, I am strictly a layperson without any legal training. I
> > encourage
> >> > everybody to seek competent legal counsel rather than relying on
> >> > usenet newsgroups.
> >> >
> >> > Please support H.R. 539 and H.R. 832. More information at
> >> > http://www.kkeane.com/lobbyspousal-faq.shtml
> >> >
> >> > Please visit my new FAQ at http://www.kkeane.com (always under
> > construction)
> >> >
> >> > My email address in usenet posts is now invalid for spam protection.
> >> > See my Web site for information on how to contact me.
> >> >
> >> > Please feel free to enjoy some of my photographs at my new Web site
> >> > http://www.ingopakleppa.com ! Comments are welcome.
> --
> Remember, I am strictly a layperson without any legal training. I
encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
> Please support H.R. 539 and H.R. 832. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
> Please visit my new FAQ at http://www.kkeane.com (always under
construction)
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
> Now with new photos! Please feel free to enjoy some of my photographs at
my
> new Web site http://www.ingopakleppa.com ! Comments are welcome.
