Parents want to move to US with IR2 Visa still in process HELP

[geowrian 22,337]

2 minutes ago, f f said:

if you were illegal for 10 years and only left in 2010 don't you still have the 10 year bar till 2020? and based on your ages you were over 18 for at least a year before you left I think. so even if you qualify for any visa you will be stopped until either the bar is up or a waver is approved.

1. If he left in 2010 and is 22 now, then no way he was over 18 at the time...
   1. "My family and I lived in Florida for 10 years illegally and then we moved back to Canada in 2010. ......I'm 22 now."
2. Sounds like he wasn't issued an I-94. As such and being a Canadian, he was granted Duration of Stay (D/S), so a bar due to unlawful presence was not possible (unless a decision was made that he was in the US lawfully, then unlawful presence starts accruing).

[f f 725]

8 minutes ago, geowrian said:

1. If he left in 2010 and is 22 now, then no way he was over 18 at the time...
   1. "My family and I lived in Florida for 10 years illegally and then we moved back to Canada in 2010. ......I'm 22 now."
2. Sounds like he wasn't issued an I-94. As such and being a Canadian, he was granted Duration of Stay (D/S), so a bar due to unlawful presence was not possible (unless a decision was made that he was in the US lawfully, then unlawful presence starts accruing).

my bad was confused on the dates please disregard my previous comment.

[f1660114 18]

3 hours ago, geowrian said:

1. If he left in 2010 and is 22 now, then no way he was over 18 at the time...
   1. "My family and I lived in Florida for 10 years illegally and then we moved back to Canada in 2010. ......I'm 22 now."
2. Sounds like he wasn't issued an I-94. As such and being a Canadian, he was granted Duration of Stay (D/S), so a bar due to unlawful presence was not possible (unless a decision was made that he was in the US lawfully, then unlawful presence starts accruing).

To advocate your findings, even if he was not granted D/S status, he would have not accrued unlawful presence until he reached 18 years old. This is to affirm he is not subject to 3/10 year-ban.

[geowrian 22,337]

4 minutes ago, f1660114 said:

To advocate your findings, even if he was not granted D/S status, he would have not accrued unlawful presence until he reached 18 years old. This is to affirm he is not subject to 3/10 year-ban.

Exactly. Satisfying either condition would mean no bar would have been put into place.

[nadiah27 5]

On 7/4/2017 at 8:48 PM, NikLR said:

Topic is about the OP, not her father. Mother is a USC.  OP thankfully your mother applied by the time you were 21 or else you would not be an IR2.  Is your sister older or younger than you?

Yes, I'm glad she was at least able to do that right..

My sister is older than me, 24. Her visa application was sent before she turned 21 as well, so she has an IR2.

 

My mom said that we can apply for work permits and that it only takes 8 weeks. She said she knows this because her cousin that was married to a USC applied for one and got through in that amount of time, but I find that hard to believe.

[geowrian 22,337]

3 minutes ago, nadiah27 said:

My mom said that we can apply for work permits and that it only takes 8 weeks. She said she knows this because her cousin that was married to a USC applied for one and got through in that amount of time, but I find that hard to believe.

I think she's confused...work permits and a work visa are completely different things. A work permit (I'm assuming she's referring to an EAD) allows somebody who is in the US with work eligibility to work. For instance, the spouse of a USC within the US who applied for AOS to get a green card can apply for an EAD and get it in about 3-4 months. A work visa allows you to enter the US for the purpose of working, and (almost) always require the employer to petition for the prospective employee, and may have a labor certification requirement to ensure it is not displacing US workers. The work visa is much, much harder to obtain and will take well over 6 months (likely over a year IMHO).

[nadiah27 5]

3 minutes ago, geowrian said:

I think she's confused...work permits and a work visa are completely different things. A work permit (I'm assuming she's referring to an EAD) allows somebody who is in the US with work eligibility to work. For instance, the spouse of a USC within the US who applied for AOS to get a green card can apply for an EAD and get it in about 3-4 months. A work visa allows you to enter the US for the purpose of working, and (almost) always require the employer to petition for the prospective employee, and may have a labor certification requirement to ensure it is not displacing US workers. The work visa is much, much harder to obtain and will take well over 6 months (likely over a year IMHO).

I'm pretty sure she was talking about a permit, not a visa.

So even though I'm not a citizen, would I still be able to apply for a work permit so that I can at least get a job while my visa is still processing? I would be able to easily get a job with a family members company while there, but I want to make sure that what I'm doing is 100% legal and I won't have any repercussions for it.

[geowrian 22,337]

2 minutes ago, nadiah27 said:

I'm pretty sure she was talking about a permit, not a visa.

So even though I'm not a citizen, would I still be able to apply for a work permit so that I can at least get a job while my visa is still processing? I would be able to easily get a job with a family members company while there, but I want to make sure that what I'm doing is 100% legal and I won't have any repercussions for it.

Okay...but on what basis would you qualify for a work permit? Tourists cannot work in the US nor can they apply for a work permit. You need to enter the US on a visa that permits work eligibility.

Edited July 6, 2017 by geowrian

[nadiah27 5]

10 minutes ago, geowrian said:

Okay...but on what basis would you qualify for a work permit? Tourists cannot work in the US nor can they apply for a work permit. You need to enter the US on a visa that permits work eligibility.

Ok, thank you. I was confused on what bounds you can apply for a work permit.

[NikLR 13,227]

The friend married a USC, so was adjusting their status within the USA, which allows them to apply for an EAD (or employment authorization document.)  As you are NOT in the USA and are waiting for a visa, this doesn't apply to you.  If you were adjusting your status, you could also apply for an EAD.  

 

This really is only something that works for someone who adjusting their status within the USA after entering legally. 

[nadiah27 5]

8 minutes ago, NikLR said:

The friend married a USC, so was adjusting their status within the USA, which allows them to apply for an EAD (or employment authorization document.)  As you are NOT in the USA and are waiting for a visa, this doesn't apply to you.  If you were adjusting your status, you could also apply for an EAD.  

 

This really is only something that works for someone who adjusting their status within the USA after entering legally. 

That makes sense. Thank you for the explanation, I appreciate it.