I 130 - a multipart question

[Cosmo Kramer 0]

I'm an LPR and I'd like to bring my spouse and a minor child to live into the USA.

Does any one here, good people know wither it is :

1. Possible for them to enter the US on the basis other than a tourist visa?

2. [Once in the US and the I-130 is pending, is it] possible for my spouse to get the Employment Authorization BEFORE the I-130 is approved?

3. [Once in the US and the I-130 is pending, is it] possible for my spouse to obtain the re-entry permit for traveling outside the USA?

I do realize that the answer to the above questions most likely will be No, but perhaps anyone can recommend a good attorney who know how to handle this type of situations?

[belinda63 3,038]

1. To start with a blanket answer I am going to give you the Immigrant visasand Non-immigrant visas. for all the types of visas that are available as your question is pretty general.

Most likely the answer is no, he cannot receive any type of visa other than a tourist (if he qualifies) while the I-130 is pending (unless he is a religious clergy, crewman on a ship, etc). I mean there are a lot of visas available but most of them are very, very limited in who qualifies to apply for them.

2. Work authorization is for a limited group of visas such as a work visa, special skills visa, etc. Again unless he qualifies for one of the specific and limited visas listed in the links, no he cannot obtain work authorization.

3. A re-entry permit is for someone who is adjusting status or an LPR not someone who is here on a visa. For example a K-1 visa holder cannot apply for a re-entry permit until they have actually filed for their AOS. Since he would be here on a visa does not qualify for a re-entry permit although a multi-entry visa is a possibility.