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Spouse of PR finishing OPT and can't work due to pregnancy . PD won't be current until 4 / 14 most likely . Options to remain ?

Provo, UT |

My husband is a PR and filed for me a while ago . My PD won't be current until 4 / 14 ( as of the March visa bulletin ) . I am finishing up my OPT and pregnant with our second child . I can't work because I have difficult pregnancies . Any way to bridge the gap and stay in status between Aug '13 and Apr '14 ? My husband doesn't want me to leave the country due to my medical condition and he doesn't want our family separated and take the risk of being denied a visa to re - enter since I've already had an I - 130 filed on my behalf . Any suggestions would be appreciated .

Attorney Answers 3


  1. Best answer

    Ideally stay on OPT and/or H-1B part-time. Or go back to school on F-1. Otherwise, apply for a B-2 visitor's visa change of status BUT usually only granted for 6 months and then you would need to get back to something more long lasting like H-1B since you cannot just "wait" here in the US for your F-2A PD until 4/14 unless you have your own independent status OR he naturalizes to US citizen and then you become an IR-Immediate Relative and it doesn't matter if your out of status.


  2. Request a change of status to B-2 visitor.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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