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Work permit with tourist visa

Discussion in 'General B Visa and Related Issues' started by rocks860, Oct 8, 2017.

  1. rocks860

    rocks860 New Member

    Hi there,
    My sister lives with me, and she has a green card. She has one year here in the US. A guy is dating her, but he is does not have a green card. He got here with a tourist visa, and then he said he applied for a work permit and got accepted. Now he has a job.
    Is his story legit? Is there a way to proof that?
    The thing is, if they get married, and his story is all a lie then chances are he might get deported and banned for 10 years or something.

    Also, he said that he is renewing the work permit and he got a letter 3 days ago saying his application is ok.

    Any tips will be appreciated

    Thank you
  2. Pierre82

    Pierre82 Well-Known Member

    I'm not an expert on immigration law but they are several routes to obtain a working permit in the U.S. some of them are via company sponsoring H1B visa or via Asylum. They are some missing pieces on this puzzle and I'm not sure you can get a lot of info on this person. In they case you sister gets married with this person, she can then sponsor him for a green card and several background checks are done before its approved. The person can get deported and banned in the case they are in the country without a legal status and its a process that takes sometime for it to happen.

    The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated.
  3. William Bowen

    William Bowen New Member

    He could have filed for asylum or self petitioned to change his status, in which a work permit can be authorized and issued.
    If one gets deported, typically you are banned from re-entry for a number of years, depending on the details of the removal.
    If you re-enter after being deported, you can receive prison time.
    Sometimes people, due to language barrier and general confusion, enter on a work visa and misconstrue having a work permit; you do not need an actual work permit to work if you come on certain type of visas because it is a work visa.
  4. SusieQQQ

    SusieQQQ Well-Known Member

    This story sounds a bit fishy to me. It’s almost impossible for someone to arrive on a tourist visa then just apply for a work permit, it’s usually a company that applies for you and tied to the company, if he got it on his own then it is through something like an asylum petition and surely your sister would know if that had happened. A company sponsored visa would be (mostly) either H, L or O visas. The other ways to get a work permit, also called an EAD, do not arise from entering on a tourist visa, unless he ....um ...married someone and adjusted status while he was here and got an EAD during the process of adjustment of status.

    But yes if he has a work permit he can prove it, either by showing your sister the appropriate H, L or O category visa stamp in his passort, or he will have something called an EAD and it looks like the images on this page: https://en.m.wikipedia.org/wiki/Employment_authorization_document
    You’ll also note from this article that visitors on a B2 (tourist) visa are not actually eligible to apply for an EAD. And again, I presume that if he was an asylee or refugee, she’d know.
    He could also show her this supposed approval notice from USCIS about the renewal of his work permit...

    More generally, your sister clearly doesnt trust this guy to be telling the truth and if that’s the case she probably shouldnt be marrying him, even if he does have proof of what he says. You say “The thing is, if they get married, and his story is all a lie then chances are he might get deported and banned for 10 years or something”... you’re leaving out the obvious other angle IF he’s lying, which is that he might only be in this relationship to get a green card through your sister. And as she’s not a citizen yet, her potentially engaging in a green card marriage, even if she enters it on good faith, could jeopardize her own green card if he’s found out and they don’t believe her side of it.

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