Can You Work While Your I-130 Is Pending? Key Immigration Insights

Understand the rules around working while your I-130 petition is pending and what authorization you need.

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No, you cannot work solely based on an I-130 petition being pending. To work legally, you need to have an appropriate work authorization. Typically, individuals waiting for an I-130 approval may apply for employment authorization if they are eligible, such as through a pending I-485 application (Adjustment of Status). Ensure to check your eligibility and apply for work authorization where necessary to comply with U.S. immigration laws.

FAQs & Answers

  1. Can I work while my I-130 is pending? No, you cannot work solely based on an I-130 petition being pending. You need appropriate work authorization to work legally.
  2. What do I need to apply for work authorization while waiting for my I-130? To apply for work authorization, you typically need to have a pending I-485 application (Adjustment of Status) and must check your eligibility.
  3. What is an I-130 petition? An I-130 petition is filed by a U.S. citizen or lawful permanent resident to establish the family relationship with a foreign relative who wishes to immigrate to the United States.
  4. How long does it take for I-130 to get approved? The processing time for an I-130 petition can vary significantly based on the relationship and the service center, often taking anywhere from several months to over a year.

Watch More

For more insights on maintaining legal status and exploring work opportunities during immigration processes, check out our related videos on employment authorization, the I-485 application process, and tips for navigating U.S. immigration laws. Understanding these interconnected topics can enhance your preparedness and ensure compliance with U.S. regulations.

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