Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

Work Permit While Waiting for Permanent Residence Interview

Q. Since the INS approved my petition, can I get an INS work permit. My husband filed for me before Jan. 15, 1998, so the INS will interview me here. He filed for his citizenship four years ago, but the INS still has not sent him an interview date. My lawyer told me I have to wait till 2002 to file for work permission.

A. Though you qualify for the INS to interview here and with that right, to eventually get work permission, you can't file until you qualify immediately for permanent residence. To immediately qualify, your husband must get his US citizenship or you'll need to get to the front of the line under the visa preference system. In July 2000, most applicants in the Second family Preference qualify for permanent residence if their spouse filed their petition prior to march 15, 1996.

(By Alan Wernick)

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