Immigration Issues/V2 VISA
A coworker approached me recently with a question that she would like help with. If a minor comes to the USA under a V2 visa and turns 21 six months later and has not filed for a change in status, are they considered to be illegal? Can this person still apply for and receive a social security card and be employed within the USA?
That is a complex question that depends on the particular facts. Your coworker will need to schedule a consultation with an experienced immigration attorney for specific advice.
To my understanding now, this person did apply for a ss card, after they turned 21 but was denied twice, three years ago but has since been employed for the past year and has an ss card. I do not know if the card is legit or not. How can this be? Was a new law passed recently,
which gave V2 visa holders whom overstayed their visa, amensty?
It looks to me as if the minor is ok but I would need to review everything to be certain that there is not an exception or a fact that changes the answer. V-2 visa holders are not automatically authorized to work and need to obtain an Employment Authorization Document to permit legal employment.
As I said, the initial question was complex and it just became more complex. I would need to go back and look at if any changes in the law were made recently. When the person was employed did the employer complete an I-9? Dit the employer receive a "nomatch letter"? Does the Social Security Card have a designation that it is not valid for work without additional authorization? Did the alien produce additional documentation and if so, what?
These are questions that should be answered by the employer's attorney.