Some Help Please!!

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Old Dec 4th 2002, 7:49 am
  #1  
Trini Girl
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Default Some Help Please!!

Hello Everyone, I am over 21, single and I live in the US, I am
currently out of status with INS and I'm in college. My Mother is a
Permanent Resident ( she is married to a US citizen) My question is is
there anything she can do for me now so that I will be able to get a
work permit? Or do I have to wait until she is a Citizen ? If I do have
to wait until she is a Citizen how long will it take for me to get a
work permit? Any help would be great..
Thanks you guys
 
Old Dec 4th 2002, 2:07 pm
  #2  
Razorback Fan
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Default Re: Some Help Please!!

Not to discourage you, but even if your Mom was a citizen, since you are
over 21 it will take you many years to become a family based permanent
resident - it depends on which country you are from - if it's India or
China, you had better forget about family-sponsored immigration... Have you
considered the green card lottery? Go to www.ins.gov and find out if you are
eligible to apply for the lottery (again depends on which country you are
from). The other option is to do well in school, get a job and have a
Company sponsor you for a green card. However, the FIRST thing you need to
do is make sure you are not out of status - if you are in school, you should
get the University or College to issue you an I-20 so you can be in status.
Hope this helps and good luck,

R'back

"Trini Girl" wrote in message
news:[email protected]...
    > Hello Everyone, I am over 21, single and I live in the US, I am
    > currently out of status with INS and I'm in college. My Mother is a
    > Permanent Resident ( she is married to a US citizen) My question is is
    > there anything she can do for me now so that I will be able to get a
    > work permit? Or do I have to wait until she is a Citizen ? If I do have
    > to wait until she is a Citizen how long will it take for me to get a
    > work permit? Any help would be great..
    > Thanks you guys
 
Old Dec 4th 2002, 2:09 pm
  #3  
Razorback Fan
Guest
 
Posts: n/a
Default Re: Some Help Please!!

I guess I forgot to mention that you could always get a green card through
marriage to a US citizen...
R'back

"Trini Girl" wrote in message
news:[email protected]...
    > Hello Everyone, I am over 21, single and I live in the US, I am
    > currently out of status with INS and I'm in college. My Mother is a
    > Permanent Resident ( she is married to a US citizen) My question is is
    > there anything she can do for me now so that I will be able to get a
    > work permit? Or do I have to wait until she is a Citizen ? If I do have
    > to wait until she is a Citizen how long will it take for me to get a
    > work permit? Any help would be great..
    > Thanks you guys
 
Old Dec 4th 2002, 8:24 pm
  #4  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Some Help Please!!

"Trini Girl" wrote in message
news:[email protected]...

    > Hello Everyone, I am over 21, single and I live in the US, I am
    > currently out of status with INS and I'm in college. My Mother is a
    > Permanent Resident ( she is married to a US citizen) My question is is
    > there anything she can do for me now so that I will be able to get a
    > work permit?

She cannot do anything which will get you a work permit in the near future.
However, she can start the process now of getting permanent resident status
for you. She can file Form I-130, Relative Petition, asking that you be
classified in the category Family 2B, unmarried son or daughter of a
permanent resident. The wait for the quota is almost 9 years; see
http://travel.state.gov/visa_bulletin.html. The date that INS first
receives the petition is your "priority date."

When she becomes a U.S. citizen, the I-130 petition will be converted
automatically to the category Family 1, unmarried son or daughter of U.S.
citizen. The wait for the quota is almost 4 years for that, but you get to
retain the priority date from the I-130 petition. (The 4 years is measured
from the priority date.)

Or do I have to wait until she is a Citizen ? If I do have
    > to wait until she is a Citizen how long will it take for me to get a
    > work permit? Any help would be great..

You probably will not ever be eligible for a "work permit" through your
family relationship with your mother.

If you are not subject to the 3 and 10 year bars, you can undergo consular
immigrant visa processing. You will be eligible to work as a U.S. permanent
resident if you are successful with that process.

One other thing: if your stepchild relationship with your U.S. citizen
stepfather was created before your 18th birthday, he can file an I-130
petition right now, asking to classify you in the Family 1 category.

It would probably be best if you consult with a good immigration attorney
before anybody does anything. In the current climate, if an I-130 is filed
on your behalf, INS may try to find you during the long wait for the quota,
and deport you because you have violated your status.

Another thought: if you get a college degree, and a suitable job offer, and
if you are not subject to the 3 and 10 year bar, you may be able to obtain
H-1B temporary worker status on your own. You would have to leave the U.S.,
get an H-1B visa stamp, and reenter in H-1B status.
 

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