Baltimore, MD asked in Immigration Law for Pennsylvania

Q: If I’m here in the us on a travers visa can my father petition for me now.

Also can I stay and work while I wait for my green card.

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1 Lawyer Answer
Kelli Y Allen
Kelli Y Allen
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: Depending on whether your father is a USC or LPR, whether you are under 21, and whether you are married or not, your father may be able to file an I-130 petition to "get you in line" for a visa number. Unless there is a visa number immediately available (which would only be the case if your dad is a USC and you are unmarried and under 21) , you are not allowed to wait in the U.S.

You would need to comply with the terms of your visitor's visa and when a visa number is available (potentially many years from now), you could continue the process of filing for an immigrant visa and come back to the U.S. as a permanent resident.

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