I am currently in the US, let's assume that the above immigration got approved, do I get a work permit while waiting for my green card petition application?
And what does the allocation of worldwide level 40% of visas for "Unmarried sons and daughters of LPRs"
Is that mean they may deny my application?
I know it is still a bill, but I didn't understand the 40% allocation part.
If the I-130 filed on your behalf is approved, you do not get a work permit or permission to stay in the U.S. If you are lawfully in the U.S. when your priority date becomes curent, then you may be able to apply for adjustment of status and an interim work permit. The allocation of visas referes to the percentage of the total number available each fiscal year. There are priority date cutoffs published in the monthly Visa Bulletin to inform you of who can file for an immigrant visa or adjustment of status. Until your priority date (the date your I-130 was filed) is current, you cannot submit your application for an immigrant visa or adjustment of status. This has nothing to do with whether or not your I-130 can be approved.
There is no reform of the FS-2B category .... If anything, the Republicans that just got elected may slow-down any reform efforts.
No, while on the waiting list you don't get anything. No work permit, nor any visa that would allow you to stay in the US ... sorry.
I have no idea if they will deny your application ... it all depends on how well you have obeyed all immigration laws.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If you are in the US, you need to keep lawful status until your priority date becomes current or you will not be allowed to adjust status. Only immediate relatives of citizens get a free pass in this.
Please note that there is no pending reform of the immigration law at this time. The FORM I -130 will be processed in accordance with the existing law which allocates a certain percentage of visas to family sponsored cases. The percentage does not have any bearing as to whether your case will be approved or denied on its merits.
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