Employment Based Green Card

The non-US citizens are basically those permanent residents green card holder who are authorized to work and live permanently in the United States. Most of the people can either get green card as employment based green card or family based green card. However some other ways to avail green card can be as adoption based, refugee based, political asylum based and diversity lottery based green cards. In general an individual can avail a green based on the fact that the person has a permanent employment opportunity in the U.S. Although sponsoring is required, there are a few categories wherein sponsoring employers might not be required

Generally a job offer is needed to sponsor an employee for a green card which would be for the future permanent job that the employee would do after availing the employment based green card. This means that it is also possible for the employer to sponsor a green card for the alien even if the beneficiary is currently not working with them. In practice, however most of the aliens are generally already workers for someone when sponsoring employers for the non immigrant work visa like L1, H1B etc when a green card is filed. There are several benefits of availing an employment based green card but it also puts several restrictions on the beneficiary to retain the availed green card.

Process for Applying

Applying for employment based green card is basically a multi-step process which can take several years to get it. In fact, it can also be a frustrating experience for most, where you have to wait so long for getting the green card, but it is a fact.

Minor children and spouses of preference immigrants are also entitled to the same status with the same order to consideration when accompanying to join the principal.

1. Employers and foreign nationals should first determine whether the foreign national is eligible to avail lawful permanent residency under one path of USCIS for the lawful permanent residency.


2. In most employment categories the employer’s sponsor should first file a labor certification at the Department of Labor stating that no qualified US worker is available or is willing to do the job assigned to the alien worker. The statement should also be proved where the employer will have to include proof of advertisement for the job post, the skills required, verification of prevailing wage of the position and also the ability of employer to pay. However a few employment categories might not require approval of labor certification.
   


3. If required and it has been approved, the employer should file Form I-140 (immigrant petition for foreign worker). In case the priority date is current, then there are possibilities to file form I-140 concurrently through Form I-485.
   


4. The Department of State will have to give immigrant visa number to the applicant which is provided if the priority date is current. Therefore, before moving on, the applicant will have to wait until it is current priority date.
   


5. When the priority date is current, the employment based green card applicant will have two options where if the applicant is already in US then they can apply for the adjustment of status while those outside U.S. should go through consular processing to avail employment based green card.

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Applying for a Green Card

In the United States you can apply for a green card only after you have received a visa petition from any of your relative or co-employer or fiancé, which has also been approved by the stage government. Therefore if your visa petition has been approved then you can just figure out where and how is the process for applying for a green card is or the immigrant visa in the U.S. However the only people who don’t need a visa petition are political asylees and refugees who can apply for the green card after a year of achieving their status.

Although most of the green card applications should be filed at the U. S embassies and at consulates abroad most of the people generally prefer to file their paperwork when inside the United States through the agency called as U.S. Citizenship and Immigration Services or the USCIS office. They are basically applying for a green card because they might either be already living in the United States or that they need to start a new job or join their family there very soon.

Eligibility to Apply in United States

Only specific categories of the applicants can file for a green card application while in the United States from the USCIS office. Additionally this right is also limited to people who legally entered into the United States and who did not stay beyond the date on their I-94 Card which is written on your passport when you enter U.S. However an important exception here can be those immigrants who are immediate relatives of a U.S citizen like husband or wife can apply on this basis. If this couple had legally entered U.S. or through a visa waiver and even if someone overstayed the due date they were expected to leave, the individual can usually still be eligible for applying for green card in United States. However other applicants applying for a green card and particularly those who have already entered legally into the U.S but overstayed from the date on their visa then applying for a green card can cause deportation. Therefore if you are applying for a green card then make sure to consult a Nolo book specific in such a situation or find a professional immigration attorney.

How to Apply for Green Card in U.S.?

Applying for a green card in the United States would first require you to apply for ‘adjustment of status.’ The local USCIS office can help you in providing the forms needed for the status or can also visit their official website to download the ‘adjustment of status’ packet. Here you will have to provide a few of you photos with several documents like your visa petition copy with its approval of asylum, the job letter from employer who petitioned you, copies of certain pages of passport, birth certificate and several other documents. Therefore when you have assembled everything you can mail them to USCIS service center who would forward your petition for green card. However it is recommended that you always get help from a professional immigration attorney when applying for a green card in United States.

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K3 & K4 Visa

The LIFE act has established an innovative non immigrant group within their immigration rule which enables a child or a spouse of American resident to be admitted in the American non-immigrant group. This admission enables the child or the spouse to finish certain proceedings required to attain green card or the permanent residence while they are residing in United States. This admission also enables all the people admitted under this new rule to get the right to be employed while they still await the process of their permanent resident or green card status. Actually, the K3 & K4 visa or the non-immigrant visa is established by the Life Act in order to allow foreign spouses of American citizen along with their children to be reunited with their families being residing in United States.

Due to this, the latest K3 & K4 visa is offered to non-immigrants until the time of their green card or permanent status is not been approved. This K3 & K4 visa is entirely different from the actual K1 and K2 visa because it is specifically designed in allowing foreign spouses and their children of America citizen to enter United States to complete the marital proceedings and reside in the nation. The applicants of K3 & K4 visa has to be married to a citizen of America before applying for the K3 & K4 visa. Similarly, like the actual K2 visa the dependent of the applicant or the unmarried children below the age of 21 may even apply for K3 & K4 visa.

The Processing of K3 & K4 visa

To reduce the possible tike of separation between the married spouses, the procedure of K3 & K4 visa ideally enables foreign spouses and the American citizen to find a way around the longer proceeding for approving the I-130 petition and even supporting the steps involved with the process of affidavit or visa at the NVC (National Visa Center). However, this new process will unfortunate does not lessen the actual time needed for processing and the issues related to K3 & K4 visa at the American Consulate.

Eligibility Process

Considerably, spouses of American citizen along with their children have to apply for the new K3 & K4 visa at any cost. However, they can still skip the entire proceeding in support of directly availing the non-immigrant visa from the State Department office. All the applicants for the latest K3 & K4 visa are a must because they are intended as a way in expanding the reach of K visas from the foreign fiancées of American citizen to foreign spouses of American citizen along with their children. Some of the requirements to be eligible for K3 & K4 visa includes: -
· The foreign spouse must be an American Citizen.
· The applicant must possess I-130 petition form filed on her or his behalf by her or his American citizen spouse which is still pending.
· The applicant must possess I-129F petition form for the foreign Fiancée which must be submitted by his or her American citizen Spouse on his or her behalf to the Immigration and Naturalization Service in America.

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Adoption Based Green Card

Adoption is in fact one of the best alternatives which provide single parents and couples with the chance to have kids or children. It even helps the adopted child to find a new hope for enhancing his or her bright future. Actually, the term adoption is related to a noble reason lauded by lots of humans as it is necessary to help children who are in need. These children after being adopted have all the rights as a biological child of a US citizen. The process of submitting the application form for an adoption based green card is very confusing and quite costly. However, there are some methods and guides provided by the US government which makes this entire process easy.

Types of Adoption Process

Actually, there are 3 different types of adoption procedures implemented in USA when it comes to applying for adoption based green card, this includes: -
1. The US citizen wishes to adopt a foreign born orphan who is residing in his or her country.
2. The US citizen wishes to adopt a foreign born child presently residing in his or her country.
3. The US citizen wishes to adopt a foreign born child presently residing in USA.

Eligibility Requirements for Adoption based Green Card

People who are US citizens are the only ones who can adopt a child or an orphan in USA. However in case of couples, one of them has to be a US citizen when they want to adopt a child or an orphan. It is necessary that the orphan or the child must be legally presented for adoption. The immigration law in USA makes a difference between the adoption of an orphan and the foreign born child. The procedures to apply for adoption based green card are entirely different when it comes to adoption of an orphan and a non-orphan child. Therefore, it is necessary to analyze the information provided in the application form before submitting the legal documents for adoption based green card.

Legal Adoption Process for Adoption based Green Card

The legal adoption process required to obtain adoption based green card for foreign born children’s include three different steps which are almost same as the family based petition. Normally an orphan is eligible to receive adoption based green card only if he or she is been adopted by any US citizen. However, just holding a permanent resident-ship is not enough to adopt a child. If any US citizen wants to sponsor a foreign born child to obtain adoption based green card then they must identify the following issues which include: -
Whether the adopted child was staying with the petitioner for more than two years.
Whether the petitioners does have a legal custody of the adopted child.
Whether the child is been adopted before his or her 16th birthday.

Requirements for Processing the Adoption based Green Card

1. Proof of you being a US citizen - If you are married and living in US.
2. Proof of your spouse – If your spouse is a US citizen or a legal immigrant along with the marriage certificate.
3. A complete and present home study in a prescribed time limit.
4. Confirmation that you comply with the pre-adoption requirements which exist in the law of the state you live in USA.

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Green card and naturalization

The process of becoming a green card holder and eventually applying for naturalization is a lengthy process that takes time and money. Achieving the immigration green card means that you become a legal US citizen. The critics of this field believe that if the process was made easier then several foreigners would become US citizen through illegal means. When a foreign national visits the US as a tourist, patient, student or on business, the US demands they need to hold a legitimate national passport, photo id and an entry visa. A visa is a document that gives permission to the individual to travel and enter a foreign country. This sort of visa is called a non-immigrant visa. This type of non-immigration visa does not allow the individual to reside and work in the US on a permanent basis.

Applying for immigration visa

In order to permanently live and reside in the US one needs to have an immigration visa. The immigration visa is also called as an immigration green card. The validity of such an immigration green card is ten years. The green card is made available to the foreign citizen after a petition is filed by an employer or a relative who is a US citizen. There are several ways of applying for immigration green card. Applying through relatives and employers are most used methods. The permission to hold a green card lets the foreign individual to live and work in the US on a permanent basis. After a span of four years and nine months of holding the green card and living in the US the individual is entitled to apply for naturalization. Naturalization allows the individual to become a legal US citizen.

Process of evaluation and approval

There is a three step process involved in order to evaluate and approve the petition. The first step in this process begins with the Immigration Service or the United States Citizenship and Immigration Service. The USCIS reviews the paperwork and approves it. In the second step the approved paper work is sent to the National Visa Center. Here the petition has to wait to receive a visa number. There are limited visa numbers available each year. Once the visa number is made available the petition is then forwarded to the respective embassy of the individual.

Eligibility for Naturalization

The three step process may seem simple but it takes a lot of time and expenses that may be frustrating and difficult to understand. The immigration green card has a validity of ten years. A green card holder who lives for four years nine months in the US becomes eligible to apply to become a naturalized citizen. It is a large commitment to become a citizen of the US. Individuals who apply to become naturalized citizens need a lot of determination, patience, time and resources. The process of issuing an immigration green card and naturalization is complex because it helps to avoid any illegal immigration by foreign nationals. The immigration green card and naturalization is issued only after thorough approval.

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Get Green card without labor certification

How to get a green card without labor certification

The EB-1 or Extraordinary individual petition is a very fast way of acquiring a green card. The petitioner does not need to go through the process of labor certification which can be very time consuming. This category will be current for all the countries which allow the beneficiaries all over the world to apply for the green card. This can be done along with your immigration petition which will make you eligible for a Visa. You can get green card without labor certification under certain conditions. EB-1 can be referred to the first preference which will be based on the employment work of the immigrant. This will include people who have extraordinary ability in the field of science, business, athletics, arts, education, research, and professors. EB-1 can be your answer to how to get a green card.

How to get a green card for Priority workers

People may be wondering on how to get a green card through EB-1. In order to qualify for the EB-1, the beneficiary should meet all the criterions which are prescribed in the given classification. Immigrants who have extraordinary ability will be defined as USCIS whose achievements will be recognized at a national or international level. They should have all the proper documentation which proves their work in specific fields. Qualifying for EB-1 is a great way to get green card without labor certification. This will help you to avoid all the toil involved in getting the labor certification. The ability of the immigrant should be proved by beneficiaries receipt through international awards like Nobel Prize.

Beneficiaries receipt: The applicants should be receipt of recognized awards either national or international. The applicants having membership in associations related to their field should have outstanding achievements to get preference. Immigrants who have their articles published in any major publications or media is eligible for the preference offered by the U.S government. Participating as a judge or offering major contributions in the field of science, arts, athletics, business or research will be considered for your immigration visa and permanent residence. Authorship of any scholarly articles in special fields and commercial success in your specialized fields are some factors which will help you to get a green card.

Eligibility for EB-1

EB-1 is applicable to certain class of people who are employed in the United States. In order to apply for a green card, immigrants should reside in U.S for at least a year or more. The petitioner should be employed in a firm active in the U.S. People who qualify for EB-1 will find the process very easy and simple and have better chances of qualifying for a loan. The eligibility of this group is to be an immigrant having extraordinary talent or skills. Priority workers will have the first preference when you apply for green card and it helps you to get green card without any labor certification. If you fall into the EB-1 category, then you can apply for permanent residency easily without going through the process of getting a labor certification. The U.S immigration office will give you all the information on how to get a green card.

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Conditional Green Card

As a portion of reforms in immigration under ‘Immigration Reform and Control Act of 1986, i.e. IRCA’, along with further reform ratified in ‘Illegal Immigration Reform and Immigrant Responsibility Act of 1996, i.e. IIRAIRA’, people eligible can move further with application for Green Card on the basis of either a fresh matrimony to a citizen of the United States or in the form of an investor get green Card granted for a time-span of 2 years on conditional basis. Of Course, there’s an exception with regards to this rule. This exception is case of a citizen of the US who legally sponsors a spouse wherein matrimony during adaptation of status happens to be > 2 years old.

In the above-mentioned case, conditional status gets waived and ten-year Green Card gets issued upon USCIS approving the case. Any of the permanent residents under conditional clause might receive an I-551 stamp, apart from a Green Card. The date of expiry of conditional period is 2 years from date of approval. The category in to which this immigrant visa falls is “CR”, i.e. conditional resident.

When this conditional period of 2 years is over, permanent residence expires (automatically) and applicant becomes subject to removal and deportation. To avert this, ninety days prior to expiry of conditional residence, applicant should file form ‘I-751’, i.e. ‘Petition to Remove Conditions on Residence (if conditional green card was obtained via marriage) or form I-829, i.e. Petition by Entrepreneur to Remove Conditions (if conditional green card was obtained via investment) with USCIS for having removed the conditions.

After having received the applications, conditional green card gets extended for a time-span of 1 year till request of removal of conditions is denied or approved. USCIS has made something compulsory. It asks for evidence stating that conditional permanent residence obtained by the immigrant is not fraudulent. In case of applications based on matrimony, joint monetary statements, children’s certificates, and the letters from relatives, friends, and employers are certain kinds of evidences which are accepted.

The above-mentioned submissions are accompanied with a ‘follow-up interview’, that too, with the immigration inspector. This interview is, however, conducted only if the given evidence doesn’t convince the authorities fully. The main objective behind the follow-up interview is of ensuring that marriage had taken place legally and not in fraudulent manner. Both the spouses are supposed to attend the interview in such circumstances.

The applicant gets an I-551’ stamp in his/her foreign transport after the case’s approval. Once the application gets approved, applicant becomes free from conditional requirement. The applicant’s novel Green Card arrives through mail towards their residence, that too, several months or several weeks later. As such, the old 2-year conditional green card gets replaced. This novel card should be renewed 10 years later. The present scenario is such that ‘permanent resident status’ gets granted for an ‘indefinite period’, provided that the conditions of residence get satisfied every time. USCIS might request to have the conditional green card renewed at the earliest owing to security enhancements on the part of card.

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