A-2 visa help.

M

musze008

Registered Users (C)
father was diplomat and thats how i have my a-2. i was a child when i got my a-2 visa this was in 1985.
father is now citizen and filed petition for me in april 2009. this was form I-130.

would it be possible for me to file an EAD (employment authorization) now or is this only for people married to US citizens?



i live in the state of New York if that helps
 
musze008 said:
father was diplomat and thats how i have my a-2. i was a child when i got my a-2 visa this was in 1985.
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That's irrelevant, as is the A-2.

father is now citizen and filed petition for me in april 2009. this was form I-130. would it be possible for me to file an EAD (employment authorization) now or is this only for people married to US citizens?
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How old are you? Are you in the US legally?
 
i still have my a-2 visa
my i-94 says d/s (duration of stay) and my passport is current. i guess im here legally but im no expert at this
i am 27
 
musze008 said:
i still have my a-2 visa
my i-94 says d/s (duration of stay) and my passport is current. i guess im here legally but im no expert at this i am 27
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You need legal representation. You are no longer in legal status (since your father is no longer in A-1 status, and has not been for several years it seems). You are not eligible for an EAD, since you are not eligible to file an I-485 since your priority date becomes current. When it does become current, your time out of status will make you ineligible to adjust status and you require a consular interview. This may trigger a 10-year re-entry bar.
 
i will be married on the 22nd of this month to a USC. will that factor help my situation at all or am i still in the same position?
can i file I-130, I-485 and I-765 all at once after i get married or is my status not rectifiable?
 
musze008 said:
i will be married on the 22nd of this month to a USC.
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Your father cannot file for you because you are not in legal status and you are over 21. You'll need your USC spouse to file for you.

You can get employment authorization 2-3 months after the papers are filed. But don't bother to apply for Advance Parole, because you won't be able to use it due to your long overstay.
 
Jackolantern said:
You can get employment authorization 2-3 months after the papers are filed. But don't bother to apply for Advance Parole, because you won't be able to use it due to your long overstay.
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The I-94 is D/S, so he might not have accumulated any illegal presence. It is, however, such a risk (and AOS processing is so fast) that it's not worth it.
 
If I am not mistaken D/S means duration of status, so usually there is a form or another document that must accompany the I-94 in order for the D/S to be valid. For example on a F-1 student visa the the I-94 must be accompany by an I-20 (issued by the school) to show the student is still in status.
 
Having "D/S" basically means that one may be out of status but not neccessarily accruing illegal presence unless a CBP/ICE official records the presence of such an individual beyond the duration of original status.

dhlunar said:
If I am not mistaken D/S means duration of status, so usually there is a form or another document that must accompany the I-94 in order for the D/S to be valid.
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TheRealCanadian said:
The I-94 is D/S, so he might not have accumulated any illegal presence. It is, however, such a risk (and AOS processing is so fast) that it's not worth it.
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are you saying its risky to file the EAD? so essentially are you saying i should apply for AOS, without applying for EAD and let the permanent residency decision come back in my favor?
so in that case i would assuem filing I-485 and I-130 at the same time and i wont file I-765....?
 
musze008 said:
are you saying its risky to file the EAD? so essentially are you saying i should apply for AOS, without applying for EAD and let the permanent residency decision come back in my favor?
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No, I'm saying you should file the I-130, I-485 I-765 and NOT file the I-131 for AP, and NOT leave the US until you have the GC in hand.
 
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