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Saini2012

Can a sibling of American citizen apply for a EAD while waiting for GC?

By Saini2012 in Bringing Family Members of US Citizens to America

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Saini2012 Newbie

Saini2012   0

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Hi guys,

Hoping everyone is safe and happy!

I have a non- immigrant visa to the US (visitor visa) and my brother is an American citizen. Can I apply for a green card when I am visiting USA and apply for a EAD and work while I wait for a decision on my GC? I am currently in Canada on a work permit.

 

Thanks for you help in advance 😊

Crazy Cat Grand Master

Crazy Cat   41,982

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13 minutes ago, Saini2012 said:

Hi guys,

Hoping everyone is safe and happy!

I have a non- immigrant visa to the US (visitor visa) and my brother is an American citizen. Can I apply for a green card when I am visiting USA and apply for a EAD and work while I wait for a decision on my GC? I am currently in Canada on a work permit.

 

Thanks for you help in advance 😊

No.  A person cannot enter the US as a visitor with the intent to adjust status.

No.  You cannot apply for a Green Card as a sibling.  The wait for a visa of that type is about 15 years.  Has your brother submitted an I-130 for you?

No.  No, you cannot work in the US as a visitor.

 

 

Edited by Crazy Cat

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SusieQQQ Grand Master

SusieQQQ   11,587

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If you are already in the US and your priority date is already current, then you can apply to adjust status and for an EAD card as part of that process. Otherwise, no. It does not sound like you have a petition filed yet.

 

The first step is your brother files a petition for you. Then, because there is an annual quota on sibling visas and demand far exceeds that, you wait. And wait. They are currently issuing immigrant visas/green cards to siblings whose visa petitions were filed before 22 March 2007 (this is the above mentioned priority date). You have a long wait ahead.

Edited by SusieQQQ
Saini2012 Newbie

Saini2012   0

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54 minutes ago, SusieQQQ said:

If you are already in the US and your priority date is already current, then you can apply to adjust status and for an EAD card as part of that process. Otherwise, no. It does not sound like you have a petition filed yet.

 

The first step is your brother files a petition for you. Then, because there is an annual quota on sibling visas and demand far exceeds that, you wait. And wait. They are currently issuing immigrant visas/green cards to siblings whose visa petitions were filed before 22 March 2007 (this is the above mentioned priority date). You have a long wait ahead.

Thanks for your response. Makes sense 😊

 
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