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Monday, 19 May 2008 |
New Work Authorization Form must be used effective July 9, 2008
The USCIS has revised Form I-765 called “Employment Authorization Document” request. This revised form (edition dated 4/08/08) MUST be used for all requests for a Work Permit on or after July 9, 2008. Previous editions of the Form I-765 may not be used on or after that date and will be rejected. The Employment Authorization Document” request” is generally included in the package for adjustment of status to become permanent residents, in order for adjustment applicants to obtain permission to work in the U.S. There are several ways to obtain the new form:
1) Come by our law office and pick up the free form;
2) Go to a USCIS support center near you and request the form or
3) Call the USCIS at: (800) 375-5283 and request the form.
THIS WEEK’S IMMIGRATION QUESTIONS
Question: As a U.S. citizen, I’m writing to you to ask you about C Visas (for aliens in transit through the U.S.) and D Visas for crewmembers. My fiancée was a crewman on a Cruise line ship and has overstayed the visa for several years. I heard that if we get married, he cannot obtain his residency in the U.S. Is that true?
Answer: Based upon the information you have given me, unless he is eligible under 245 (i) by having a Labor Certification or immigrant petition (I-130, I-140 or I-360) filed on his behalf by 4/30/2001, he is likely not eligible to adjust his status to a Green Card in the U.S. at this particular time. In these types of cases, consular processing would also not be available, since if your fiancés has remained in illegal status for 180 days or more, he is subject to either a 3 or 10-year bar to reentry. Once you get married, you can still file the family petition for him and he can obtain or renew his Driver’s License, but he won’t get a work permit or Social Security number, or any legal status. Then just wait for immigration reform to pass, likely some kind of amnesty is expected next year. Don’t lose hope. Good luck!
Question: My wife and I are both from Jamaica. She came to the U.S. in early 2000 and her sister who was a U.S. citizen filed to sponsor her. I came in 2001 and we got married in 2002 and have a 3 yr old American baby daughter. I read or heard you on the radio talking saying that the spouse of a person who qualifies under some law like 245 can also be included and get residency. Is that true? Can you please explain to me more about it, thanks so much!
Answer: You are correct. It is true that the spouse and minor children can benefit from a family or employment immigration petition filed under the old 245(i) law, even though they themselves were not the primary beneficiary of a petition filed before April 30, 2001 and even if the parties were not married to each other at the time a petition was filed. There are several circumstances with regard to spouses & children qualifying for the benefits of 245(i), by being what is referred to as “Grandfathered” in, meaning qualified under a law which has already expired. First, spouses and children are always eligible to obtain residency along with a spouse or parent who is the main beneficiary of either a family sponsored immigrant petition I-130 or employment-based petition like an I-140, I-360 or even a Labor Certification which was filed on or before April 30, 2001, whether or not the spouses were married at the time one of them qualified under 245(i), or whether or not the minor child was born. As long as the primary beneficiary spouse or parent qualifies for U.S. residency, the spouse and children are eligible to obtain U.S. residency as well. Adults and children age 14 or over pay a $1,000 penalty at the time of filing the I-485 or at the time of adjustment. Good luck!
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