Q: F1 marry to Grren card holder,we apply for aN adjustement status. while waiting for the GC can i have a work permit?
hope you can help me. I’m going to marry the loveofmylife in few months but there are still a lot of unanswered questions. He is a green card holder and I live in Paris, France. I’m going to come on a F-1 visa and we will marry few months later and ask an adjustment status through a petition for my green card. What I want to know is while waiting for the process with the I-130 am I going to have a work permit? Also will I be able to travel out of the country?
A:
Unfortunately no, if he was a US citizen you might be able to get a work permit. Since he is a green card holder you will have to wait until your priority date is current in order to get a work permit. But you can get a work permit through your F1 visa if you pick the right school and the right program. About travelling, you will be able to travel out of the country but you if you do you will not be able to come back until you get your green card. However you can get an advance parole if you have an emergency, the process is pretty long and finding an option that works for you is very important. I suggest talking to an immigration attorney in private about this to get help with designing a plan. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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