US Citzen Mother applying for Married Son

[Gudman]

Here is our case.

1. Mother - Naturalized US Citizen - lives with daughter ( naturalized Citizen)
in Colorado

2. Married son (over 21 years age) on H4 lives in California. His wife is on
H1. They are running out of time for H1 status.

3. Mother wants to apply for Family based Green card for son.

Since this process takes considerable amount of time. We are
concerned about the implications ?

If the app (I-130) is pending, can the son work and live in US ?

Can he travel to outside the US, if needed ?

I would appreciate any information.

Thanks- Gudman

 

[GotPR?]

If the app (I-130) is pending, can the son work and live in US ?

Unless he has valid work authorization, no work is allowed.
And he can live in the US with valid status(H4 or whatever).

Can he travel to outside the US, if needed ?

Yes if he had valid visa.

 

[rex1960]

Here is our case.

1. Mother - Naturalized US Citizen - lives with daughter ( naturalized Citizen)
in Colorado

2. Married son (over 21 years age) on H4 lives in California. His wife is on
H1. They are running out of time for H1 status.

3. Mother wants to apply for Family based Green card for son.

Since this process takes considerable amount of time. We are
concerned about the implications ?

If the app (I-130) is pending, can the son work and live in US ?

Can he travel to outside the US, if needed ?

I would appreciate any information.

Thanks- Gudman

As far as I understand the process, he also has to file for AOS Adjustment of Status I-485 on his own behalf concurrently.

Furthermore he needs to apply for EAD Employment Authorization Document in order to work legally. He has to file I-765. Once approved he can work legally.

For traveling he'll need an AP Advanced Parole as reentry permit, in order to apply for such he needs to file I-131

 

[EricNeesGC]

Here is our case.

1. Mother - Naturalized US Citizen - lives with daughter ( naturalized Citizen)
in Colorado

2. Married son (over 21 years age) on H4 lives in California. His wife is on
H1. They are running out of time for H1 status.

3. Mother wants to apply for Family based Green card for son.

Since this process takes considerable amount of time. We are
concerned about the implications ?

If the app (I-130) is pending, can the son work and live in US ?

Can he travel to outside the US, if needed ?

I would appreciate any information.

Thanks- Gudman

If I-130 is pending, he cannot work. Even if I-130 is approved, he cannot file for EAD until his priority date is current. He can however, get his own H-1 and work if he is a qualified skilled worker and wants to do so.

He cannot travel outside the country unless he has a visa stamp on his passport with a valid H-4. Well...technically, he can travel but cannot enter US without the valid visa stamp.