visitor visa

[NUWORLD]

Here's a question for ya all.

 

Lets say one of our Chinese relatives was approved and received a

visitors visa then arrived here in the U.S. for there visit.

 

While on there vacation here in the U.S. they where offered a job.

 

Is it possible to change status of a visitor visa?

 

Also how would they go about getting work permits?

[Randy W]

Here's a question for ya all.

 

Lets say one of our Chinese relatives was approved and received a

visitors visa then arrived here in the U.S. for there visit.

 

While on there vacation here in the U.S. they where offered a job.

 

Is it possible to change status of a visitor visa?

 

Also how would they go about getting work permits?

 

 

You again. Hello, there!

 

They would definitely need a work visa, for which they may or may not need to leave the country.

 

They can't simply over-stay the visitors visa

[dnoblett]

Here's a question for ya all.

 

Lets say one of our Chinese relatives was approved and received a

visitors visa then arrived here in the U.S. for there visit.

 

While on there vacation here in the U.S. they where offered a job.

 

Is it possible to change status of a visitor visa?

 

Also how would they go about getting work permits?

 

 

You again. Hello, there!

 

They would definitely need a work visa, for which they may or may not need to leave the country.

 

They can't simply over-stay the visitors visa

Correct, a visitors visa has no work authorization OR immigrant intent as part of the visa.

 

Only option that may work is if the relative fell in love with someone (US Citizen) AFTER they arrived in the USA and on the spur of the moment, got married to the US Citizen, they could adjust status based on marriage to the US Citizen, and could get work authorization that way. This would require filing of (I-130, I-485, I-864, I-765, and perhaps I-131 together to USCIS Chicago, (I-485 based on the I-130, and I-765 based on the I-485))

Edited April 22, 2008 by dnoblett (see edit history)

[NY-Viking]

They can also file an I-539 Extend/Change Status application to remain here, but before the approval is issued (and it takes several months ... to a year it seems ... which is odd since the initial stay granted is a maximum of 6 months) they won't be able to work, but could remain in the country until a decision is made.

[dnoblett]

Another option is if the relative is a parent, and the son/daughter that had immigrated to the USA ahead of the parent is now a naturalized citizen, the parent could adjust status based on a relative visa being available immediately based on the citizen filing I-130 for their foreign parent.

 

This will not work for anyone in the limited class (F1-F4), just parents of a US Citizen, or persons that would get an IR visa in the unlimited class (Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.)

 

http://www.travel.state.gov/visa/immigrant...types_1306.html

Edited April 29, 2008 by dnoblett (see edit history)