Oakland, CA asked in Immigration Law for California

Q: What are the laws on employment and housing regarding immigrants with pending visa status?

Some visas require up to 3 years for a decision (U1, T1, etc). Assuming a prior visa expires, and there are no other options to extend, what is the status of this person while they are resident but waiting for a pending visa decision. What are their options for housing? Can they get a social security number? How is an immigrant with a pending visa expected to live? Is it dependent on the type of pending visa applied for?

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: In general, that person is not eligible for any public benefits, if that is your question. In general, they are not eligible for a social security number. There is some variation in availability based on visa type or other status request. This person should consult with an immigration attorney to see if there are any exceptions in their case.

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