Asked in Immigration Law for California

Q: Unemployed during OPT F1 for over 90 days. Options?

Myself and my wife are Canadian citizens and Green Card holders. Our son is in the US on OPT F1. However he was unemployed for over 90 days while on OPT and is now out of status (for about a month now). Should he leave for Canada, or can he stay if we file sponsorship application for him in 2B preference? Will he be able to stay in the US while his visa number becomes available? Able to work meanwhile?

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

A: He must leave for Canada. It will take years under 2B preference category for a visa to become available for him. He is not able to work in this scenario. He might consider another visa type, like TN.

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