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Can i apply for work papers ?

Rome, NY |

Me and my wife just move to the USA my wife is an USC but i am not , she is looking for a Job , i was wondering if i can apply for my work documents ?so we can meet the poverty line or does my wife have to get a Job first ? what should i do ?

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Attorney answers 5

Posted

Theoretically, yes. Practically, you need a joint sponsor.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

If your wife does not meet the income level requirements, she will need a joint sponsor. Your question, however, raises other issues, including your status now in the US. It sounds like you have potential complications to an immigration case and you should seek a consultation with a competent attorney.

V.K. Vandaveer, PLLC. 202-340-1215. This response is only general in nature and is not legal advice specific to your situation. Indeed, any response may differ significantly based on an attorney’s evaluation of your specific facts. No attorney-client relationship exists between you and the law firm or attorney Vonda K. Vandaveer as a result of this response. Avvo should not be used as a substitute for competent legal advice from a licensed attorney. If you are seeking legal advice for your unique situation or legal representation, please email me at vonda@vkvlaw.com or call our office at 202-340-1215 to schedule a consultation with an experienced immigration attorney.

Asker

Posted

i am on a vistor visa right now

Vonda K Vandaveer

Vonda K Vandaveer

Posted

Visitor visas are for a temporary stay. An immigrant visa is for a permanent stay. Filing for a green card right after entering on a visitors' visa can raise a very serious issue of a potential fraud allegation by the immigration authorities, depending on what you said during any interview regarding the purpose of your visit to the US. Whether this is a concern in your situation depends on the unique facts of your case. You should seek a consultation with a competent attorney before taking any action to understand your situation and how best to proceed.

Posted

What can be done depends on how you entered the US.

The Court of Appeals for the Eigth Circuit has stated that "immigration laws and precedents are complex."

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

Consult with an immigration attorney to discuss requirements for adjustment of status based on a spousal petition.

Posted

You can certainly begin filling out all the paperwork as there are various forms and information that must be completed. Once at least your wife is employed, you can mail in all in. It will take 90 days for you to receive employment authorization. A possible issue relevant to your entry: what kind of visa did you use to enter and when did you apply for it?

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

Asker

Posted

i am on a tourist visa and i got here on the 17 /06 , i got my visa last year

Aggie Rachel Hoffman

Aggie Rachel Hoffman

Posted

It would appear that you have no issue of visa fraud, but you should have applied for employment authorization as part of your immigration filing. Now that you are divorced, you are no longer eligible for such a benefit based on the marriage.

Asker

Posted

no visa fraud !! i am happily married for 1 year 5 months now !so what you are saying i should apply for my employment \

Aggie Rachel Hoffman

Aggie Rachel Hoffman

Posted

You can apply only as part of the immigration process filed by your wife.