Is a child able to obtain an Employment Authorization Document (EAD) while their application for an immigrant visa is in process?
Yes, a child in Massachusetts is able to obtain an Employment Authorization Document (EAD) while their application for an immigrant visa is in process. The U.S. Citizenship and Immigration Services (USCIS) grants EADs to people who cannot yet receive the benefits of permanent residence, such as a green card. This process, known as "adjustment of status," includes submitting a visa application and then waiting to receive a formal response. Under certain conditions, a minor may still be able to get an EAD while they are waiting for their visa application to be approved. This typically applies to children who are already living in the U.S. and have applied for a green card, and are awaiting the response. In some cases, the USCIS may grant an EAD to these children so they can continue to work or look for employment while they wait for their visa application to be processed. There are, however, limitations to this process. Namely, minors must have applied to adjust their status, and must have provided evidence to the USCIS that they are in the process of obtaining permanent resident status. Furthermore, minors must also be current with any medical requirements that are necessary in order for them to obtain a green card. Without meeting these requirements, a minor may not be eligible for an EAD. Overall, it is possible for a child in Massachusetts to get an EAD while their visa application is in process. However, the child must meet certain criteria and adhere to the guidelines set forth by the USCIS in order to be approved for an EAD.
THELAW.TV ofrece respuestas en español a todas las preguntas sobre la ley de inmigración.La respuesta a la pregunta planteada es no. Un niño no puede obtener un Documento de Autorización de Empleo (EAD) mientras su solicitud de visa de inmigrante está en proceso. El Estado de Massachusetts, al igual que el gobierno federal, requiere que los niños inmigrantes sin autorización legal esperen a que sus solicitudes de inmigración sean aprobadas antes de obtener una autorización para trabajar. Esto significa que no se les permitirá buscar empleo, ni siquiera a través de una autorización. Esta es una forma de proteger a los menores, ya que los trabajos ilegales pueden poner en peligro su bienestar.
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