Posted by: Harris January 5, 2006
F2 to Green CARD - pOSSIBLE??
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F2 visa is "Dependent" Visa for spouse and children of F1 Student. This dependent visa makes them really dependent on the student. They are not allowed to apply for a Social Security Number (SSN) and hence have herculian task of getting driver's license in the first place. F2 visa holders are not eligible to work. In case some F2 people got their SSN in the past, it used to be stamped as "NOT VALID FOR WORK". The only job they get is through illegal means and working as baby sitter or work in restaurants and gas station without paying tax and no formal paystub (take cash for work). Some F2 (I am talking about spouse at this point) are well qualified and want to go to school. Can they? NO. F2 visa holders are not allowed to go to college for formal education. The only thing they can do is to attend non-credit, non-degree seeking short courses with full tuition paid. They can't accept any financial support if it requires them to work a couple of hours in return. You will have to change from F2 to F1 to accept any financial assistantship requiring work in return. How about children on F2? They can attend school up to 12th grade. Once your kids graudate from their high school, you need to change their status from F2 to F1 before attending a college. There are few cases when they have been returned from college because they came to attend classes without changing status from F2 to F1. If any of the above things are violated, that F2 is out of status and not eligible to change status later (that is to apply for green card) without problem. Then how do the F2 apply for green card then? It's a long process and applying for green card through employment is same process for all. As long as you have maintained valid non-imigrant status in the past, either F2 or F1 can apply for green card under employment based categories. However, it's very unlikely that F2 will be offered a job unless he/she is a nurse or physical therapist. The employment based green card application in a nutshell. 1. Obtain a job offer (the job must have been advertised on least three media for two weeks, must have formal interview done and the candidate be selected over US citizens or Green card holders, if anybody applied, based on merit) 2. Employer files for Labor Certification or PERM (intermediate process are Labor Condition Attestation and Minimum Wage Determination) 3. Labor Department approves PERM 4. Employer files I-140 or Petition for Alien Worker to USCIS (PERM approval notice must be attached) 5. Applicant files I-485 or Application for Adjustment of Status. (required papers are medical clearance through civil surgeon, immunization completion, birth certificate, marriage certificate, copies of I-20 and passports, tax papers for the last 2-3 years etc. etc.). Some papers are submitted with the application and some others have to make ready in case you get request for evidence later. These days I-140 and I-485 can be filed concurrantly without waiting for I-140 approval before filing I-485 as was the practice before. 6. You file I-765 or Application for Work Authorization when you file I-485. Once I-765 is approved, you get EAD card which authorizes you to work while your I-485 is pending with the USCIS. EAD is valid for one year and renewable for indefinite period as long as your I-485 or green card application is pending. 7. Once your I-485 is approved, you will get an approval letter, make an appointment for biometrics and stamping in your passport, wait few weeks and you get your green card in your mailbox. Looks easy on paper..... but takes 2-4 years to complete. Nurses and Physical Therapists are hot commodities here for green card. They can get green card in less than a year if properly filed. But there is a catch.... (1) Licensure by examination application process takes between 6 months to 1 year depending upon the state requirement (some have to take CGFNS certificate test before actual RN test) (2) They have to go through the VisaScreen Certification process from CGFNS My two cents.
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