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Immigration Issues/Can I work during the case processing time?


Dear Mr. Hollander,

I am in the process of getting  a green card through my mother who is a citizen (I 130). My case was filed on May 5, 2003 and just got an approval notice sent to me. However, the visa is not available for an adjustment now (according to the visa bulletin) meaning that I have to wait for two more years. My question is is there anyway to get a work permit while I wait until I am able to apply for lawful permanent resident status (adjusting status) or is there any law or regulation that benefit me meanwhile?. I've heard about V Visa. Is it going to benefit me somehow? I am a daughter of a citizen and I am over 21. I would highly appreciate if you can answer my question, please.

Thank you.

Best regards,


There seem to be mnajor problems in the case you desribed. First, one can not get work permit until tehir priority date is reached. Second, V visas are only for cases filed in 2000 and before. Third, were you over 21 when the case was filed in  May of 2003? Are you legally in the country now? If so, what status?

People who came illegally or overstayed are not eligible for Adjustment thorugh parent unless they had an application pending before 4/30/01.



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Robert Hollander<B> Esq.</B>



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