Clermont, FL asked in Immigration Law for Florida

Q: Hi, my brother is a US citizen. Can he request a change of status for me if I am in the US. I entered with a visa waiver

How long will the process take. Can I request a work permit while I await the process.

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
Answered
  • Immigration Law Lawyer
  • Santa Ana, CA

A: Your eligibility for adjustment of status through your brother will depend on whether you already have an approved I-130 petition filed by him and what your priority date is. If your brother never filed an I-130 petition for you, that would be the first necessary step before filing for adjustment. If he has filed an I-130, you would need to check the visa bulletin to see if your priority date is current, available here: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Even if your priority date is current, you would only qualify for adjustment of status if you have always maintained lawful status in the United States, never worked without authorization, if you are in lawful status at the time of filing your application, etc.

If you do not qualify for adjustment of status, you might be eligible to apply for an immigrant visa abroad, depending on your past immigration history. You should consult with an immigration attorney to discuss your options.

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