obtaining a work permit, help!!

[yccI140]

Hi,

I have couple of questions related to family-based green card. First, My boyfriend is a PR and is in process of applying for US citizenship (USC). Does anyone know how long it takes for him to get his USC?

Currently, I have no status since my I-140 (employment-based green card) was denied on 2/9/2007 due to my employer's "ability to pay" issue. My lawyer will submitt the motion to reopen on 3/7/2007. I, however, cannot work now since my I-140 was denied.

My second question is if my I140 is denied again and I then decide to married my boyfriend (after he obtains a USC), how soon would I be able to obtain a work permit?

Thrid, how likely will the I-130 (Petition for Alien Relative) be approved even if I stay longer than my legal 180-day period after the initial date of denial?

Fourth, how likely will the I-130 be denied if my I-140 was denied? or there is no relation?

Please help me!!! I really appreciate it!!!

 

[LucyMO]

there is no relation between I-130 and I-140. What status are you in right now?

 

[yccI140]

I have no status right now.

I graduated in Jan of 2006 and had Optional Practical Training (OPT) valid until Dec 31, 2006. I filed my I-140 and I-485 concurrently in May 2006, and I had been working until I received the denial of my I-140 due to employer's "ability to pay" issue on Feb 9, 2007. My lawyer will file a motion to reopen the case on March 8, 2007, but I am not sure how long it will take.

In the meantime, my boyfriend is applying for his US citizenship (he has PR for over 10 years). I am not sure what the processing time is either.

If the decision is denied again, I can only stay in the U.S. lawfully until early August (which is 180 days after the initially date of denial). I am hoping that my boyfriend will get his USC and we can get married. Do you know how long it takes to obtain work permit via marriage?

well....things are a mass right now.....My second lawyer seems more competent...I fired the first one who blew my case.

Anyway, do you have any answers to my questions?

 

[LucyMO]

Does anyone know how long it takes for him to get his USC?

anywhere from 6 months to years if he gets stuck in name check stage.

My second question is if my I140 is denied again and I then decide to married my boyfriend (after he obtains a USC), how soon would I be able to obtain a work permit?

within about 3 months of filing I130+I-485+I-765

Thrid, how likely will the I-130 (Petition for Alien Relative) be approved even if I stay longer than my legal 180-day period after the initial date of denial?

if you are married to USC it will be approved. However, it's not the I-130 approval you need to worry about. Do not leave the States until you get your GC if you accumulate more than 180 days of unlawful presence.