Work Permit while waiting for Permanent Residence

[kimosavi]

What is the name of your state? NJ

I am an American Citizen and my sister and family (husband 2 kids under 10) want to move and live with me in NJ.

She and Family are right now here on vacation (6 month Visa) and wishes to stay in the country. USCIS says that if she is outside the USA must wait 10-15 years until her residence is ready and is denied the right to VISA in this time-spam. But what about if she is here in the USA?

Can I start the process while she is here? does she (and husband) can get a work permit so they can start a life and work while the recidence is completed (think is less than 10 if you are in the country).

I understand that with a work permit (given in about 3-4 month) she can start working onder supervision from Homeland Security, get a Social and start her new life here while the residence process is concluded.

So is this doable? can I start the process and expect a work permit in 3-4 month for my sister and husband? (if not what will be the best way for her to come and work legal in NJ until she gets the official residence papers?)

Thank you in advance!

 

[ImmigAttyLana]

No, it is not doable. The process is the same 10-12 years if she is in the US and she would have to remain in valid status throughout that period in order to be able to eventually qualify for a green card. She is NOT eligible for a work permit until she is able to file for adjustment of status on the basis of an approved petition that you file for her and that would be in about 10-12 years because of the visa priority date backlogs.

If she wants to immigrate to the US in a nearer future, she should explore employment-based options because if she overstays on the vacation hoping to immigrate on the basis of your petition, she will fall out of status, become unlawfully present and subject to deportation.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.