What are the options for spouse of Permanent Resident to get work authorization/permanent resident status in the U.S?

[hellostranger57 18]

Hello! My dad is a commercial airline pilot currently based in Seoul, South Korea. We are based in Fullerton, CA and all of us, including my mom, are permanent residents. My dad has been visiting us quite often since we migrated here 8 years ago. He has a US Tourist Visa and a Crew Visa for his line of work. He is thinking of applying for airline carriers that have bases in Los Angeles in order for him to be finally based here with us. Airline carriers that have bases in Los Angeles require that applicants are permanent residents or have employment authorization in the U.S.

With that said, what are my dad's options in regards to obtaining permanent residence or employment authorization here in the U.S? Note that he is married to my permanent resident mother. Will he have to establish residence here first? If so, how long does he need to stay here before applying for a visa? Can he still fly in and out of the country if his papers are being processed? How long does the entire process usually take? My mom won't be eligible for naturalization until 2019 since she just got her green card last year.

Thank you!!

[aleful 1,905]

hi

a company would have to file a work visa for him first, because normally spouses of LPR cannot stay or work in the US, the process of a spousal visa is around 2 years, but he must remain legally in the US all that time, and a tourist visa only allows him a stay of 6 months

he can visit but not stay, so he would have to get a company to hire him and get a work visa to stay in the mean time

[notusinganymore 31]

Hello! My dad is a commercial airline pilot currently based in Seoul, South Korea. We are based in Fullerton, CA and all of us, including my mom, are permanent residents. My dad has been visiting us quite often since we migrated here 8 years ago. He has a US Tourist Visa and a Crew Visa for his line of work. He is thinking of applying for airline carriers that have bases in Los Angeles in order for him to be finally based here with us. Airline carriers that have bases in Los Angeles require that applicants are permanent residents or have employment authorization in the U.S.

With that said, what are my dad's options in regards to obtaining permanent residence or employment authorization here in the U.S? Note that he is married to my permanent resident mother. Will he have to establish residence here first? If so, how long does he need to stay here before applying for a visa? Can he still fly in and out of the country if his papers are being processed? How long does the entire process usually take? My mom won't be eligible for naturalization until 2019 since she just got her green card last year.

Thank you!!

Your mother can apply for spousal visa. It might take 1 to 2 years for approval then your father will get a green card if approved. He can try and find a company that will sponsor him for a work visa. Permanent residents can petition their spouses but only US citizens can petition fiances. It's your choice which route you want to take. He doesn't have to be physically stay in the US. In fact, if your mother petitions your father, he will have to go back to the Philippines or whichever US embassy he will want the petition to be handled (mostly in the country of residency). He doesn't have to stay in the US and can just go on with his current job. He just needs to go back to the US embassy in his country of residency and have the interview if the petition is being processed.

Edited December 11, 2015 by emmandenn

[hellostranger57 18]

Your mother can apply for spousal visa. It might take 1 to 2 years for approval then your father will get a green card if approved. He can try and find a company that will sponsor him for a work visa. Permanent residents can petition their spouses but only US citizens can petition fiances. It's your choice which route you want to take. He doesn't have to be physically stay in the US. In fact, if your mother petitions your father, he will have to go back to the Philippines or whichever US embassy he will want the petition to be handled (mostly in the country of residency). He doesn't have to stay in the US and can just go on with his current job. He just needs to go back to the US embassy in his country of residency and have the interview if the petition is being processed.

Hi! Thanks for your feedback. If he chooses to have the petition be handled in the country of his residence, can he still fly in and out of California using his current tourist visa?

Also, when my mom files for a spousal visa, how fast will he get a work authorization or EAD? Is staying here and adjusting his status from LPR spouse petition an option too? So he can get work authorization right away?

Thanks!

hi

a company would have to file a work visa for him first, because normally spouses of LPR cannot stay or work in the US, the process of a spousal visa is around 2 years, but he must remain legally in the US all that time, and a tourist visa only allows him a stay of 6 months

he can visit but not stay, so he would have to get a company to hire him and get a work visa to stay in the mean time

Can he adjust status here from petition from an LPR spouse? Is that an option?

[Transborderwife 4,666]

No, an lpr cannot adjust status for a spouse unless the spouse is in the country legally and their priority date is current.

[notusinganymore 31]

Hi! Thanks for your feedback. If he chooses to have the petition be handled in the country of his residence, can he still fly in and out of California using his current tourist visa?

Also, when my mom files for a spousal visa, how fast will he get a work authorization or EAD? Is staying here and adjusting his status from LPR spouse petition an option too? So he can get work authorization right away?

Thanks!

Can he adjust status here from petition from an LPR spouse? Is that an option?

He can still go in and out of CA using his tourist visa. Some people get a hard time and might be denied admission by CBP with an ongoing immigrant visa (spousal) and a visitor's visa. However, your father is a pilot for an outside US airline which gives an impression that he has strong ties and would not immigrate under non-immigrant visa.

He cannot work in the US under a tourist visa. That being said, he is still under a tourist visa if he decides to come in the US and adjust his status (AOS). He will not be provided an employment authorization therefore cannot legally work in the US until the spousal visa process is done. He will get a green card after the spousal visa process and will be legal to work.

What I'm seeing that you can do for now is let your father stay in his current job. Let him visit once in a while (can be up to 3months) while the spousal visa is ongoing. OR you can look for a US company that is willing to sponsor him for a work visa. Then he can stay, work, and eventually apply for permanent residency (greencard).

Edited December 11, 2015 by emmandenn

[laddu 2]

Hello! My dad is a commercial airline pilot currently based in Seoul, South Korea. We are based in Fullerton, CA and all of us, including my mom, are permanent residents. My dad has been visiting us quite often since we migrated here 8 years ago. He has a US Tourist Visa and a Crew Visa for his line of work. He is thinking of applying for airline carriers that have bases in Los Angeles in order for him to be finally based here with us. Airline carriers that have bases in Los Angeles require that applicants are permanent residents or have employment authorization in the U.S.

With that said, what are my dad's options in regards to obtaining permanent residence or employment authorization here in the U.S? Note that he is married to my permanent resident mother. Will he have to establish residence here first? If so, how long does he need to stay here before applying for a visa? Can he still fly in and out of the country if his papers are being processed? How long does the entire process usually take? My mom won't be eligible for naturalization until 2019 since she just got her green card last year.

Thank you!!

i will suggest first to file I-130 without any delay. than atleast you will get a priority date for your dad. because dates for adjustment of status in visa bulletin are moving faster. if you will file now than you will have to wait less than a year for adjustment of status for your dad. June 15, 2015 is new date in January 2016 visa bulletin.