Fair Oaks, CA asked in Immigration Law for California

Q: My brother is in F3 category. His priority date is 12/07/2007. Start filling date is now 12/22/2007. What options he has

Which means he can start filing. He also has a visitor visa. Can he come here on visitor visa and file for change of status to get an EAD with AP.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: No, if he does so then he violates the terms of his non-immigrant visa, so he can be summarily removed by the CBP at the airport. Assuming that he arrives, he may experience delays and harassment by USCIS. There may be other issues regarding dependents, among other possible complications including inadmissibility.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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