(**UPDATE: November 13, 2020) Mr. Joseph R. Biden has been elected as the President of the United States. He has promised to stop the Muslim ban/travel ban when he officially becomes the President in January 2021. Mr. Joe Biden has promised to cancel the ban on the first day he is in office. This is great news for so many families that have been separated because of this unjust immigration policy. However, it is still important to be vigilant and realistic that these changes may take time. First, Mr. Biden might not cancel the policy right away. Second, there might be lawsuits challenging the policy change causing the travel ban to continue and be in effect for several more months, if not longer. Third, it might take time for the Department of State and embassies to revise their practice and implement any new policies adopted by the Biden administration. Therefore, if you are from Iran and/or your family member is affected by the travel ban/Muslim ban, it is important to know your rights and options in these challenging times. You can read our article below regarding travel ban waiver options, administrative processing, and strategies for following up regarding your case if it has been severely delayed. As always, please do not hesitate to reach out. We are happy to help any way we can.
Short answer: Yes, but in certain situations. H-4 status is for spouses and unmarried children (child must be under 21 years old) of the principal H-1b visa holder. H-1b dependents are allowed to attend school, extend their status, and change status. However, when it comes to a work permit, H-4 dependents have to meet a higher benchmark.
The Deferred Action for Childhood Arrival (DACA) is a law that allows undocumented immigrants that qualify to receive two-year work permits and to receive an exemption from deportation. President Obama created the immigration policy in 2012 to stall deportation efforts against immigrants that were brought to the United States as children. The concept behind the policy is that immigrant children should not face deportation consequences for their parents’ immigration actions.
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