Let the law firm of Berd & Klauss, PPLC assist you with immigrant visas services in NY. We also help with the consular processing of immigrants. Our team is experienced and dedicated to providing quality immigration visa service. Please call us to sit down with someone from our office and talk about what you need. We’re ready to assist you.
An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment.
The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.
In most employment categories (See EB-2 and EB-3 eligibility and filing information below), a U.S. employer must complete a labor certification (ETA Form 9089) on your behalf.This important stage involves advertising for the position. Once the labor certification is approved, your employer can file Form I-140.
If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. Please see How Do I Get an Immigrant Visa Number? and How Do I Become a Lawful Permanent Resident while in the United States? If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa.
In the complex Labor Certification process, a U.S. employer seeks a Labor Certificate from the U.S. Department of Labor for the benefit of a prospective alien employee. A Labor Certificate is a prerequisite for a U.S. employer to file an immigration petition for the alien employee based on EB-2 and EB-3 categories. The Labor Certification requirement is waived for a National Interest Waiver petition under EB-2 and is not required in an EB-1 petition. For information on whether you qualify for the National Interest waiver under EB-2 or EB-1 categories, please consult with our experienced immigration attorneys in New York.
In Labor Certifications, the U.S. sponsoring employer is the petitioner and the prospective alien employee is the beneficiary. Since the Labor Certification is filed on the basis of prospective employment, it does not matter whether the alien works for the sponsoring employer during the application or after it is approved. However, the foreign employee has to work for a reasonable period of time for the sponsoring employer after receiving permanent residency.
A First Preference Immigration Petition (EB-1) is an employment-based petition for permanent residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business or sports. There are three (3) types of EB-1 petitions:
The most notable advantage for those who qualify for an EB-1 petition is the lack of a Labor Certification requirement.
A Second Preference Immigration Petition (EB-2) is an employment-based petition for permanent residence reserved for members of the professions holding advanced degree or aliens of exceptional ability. Applicants must have a job offer and labor certification. However, USCIS may waive the job offer and labor certification requirements if it is in the national interest to do so.
A Third Preference Immigration Petition (EB-3) is an employment-based petition for permanent residence reserved for skilled workers, professionals and other workers including foreign nationals with less than two years of training and work experience. All applicants in EB-3 category must have a job offer and labor certification.
Green Card
A Green Card is another name for the authorization which allows immigrants to permanently live and work in the United States. The more technical name is “Lawful Permanent Resident Card”. Green Card holders are also known as “Permanent Residents”.
One who has a Green Card is allowed to emigrate to the United States and live here permanently. In comparison, a foreign national who holds a nonimmigrant visa is dependent on the employer who sponsored the non-immigrant visa in order to remain legally and work in the United States. Green Card holders can choose where and how to work in the United States without limits.
Marriage Green Card
In order to obtain immigration benefits from a U.S. citizen or permanent resident spouse, there must be a bona fide marriage. A foreign national can apply for a marriage green card even if you have overstayed a visa as long as you were inspected and admitted into the United States.
The spouse of a U.S. citizen is considered an “immediate relative” which means they are not held against any quota restrictions for receiving green cards through marriage. The first step is that the U.S. citizen would need to submit Form I-130 on behalf of their spouse and if they entered the U.S legally, they can file the I-485 adjustment of status in order to stay within the U.S. concurrently with the I-130 if the spouse is physically present in the United States.
The foreign national will be eligible to receive an Employment Authorization Document (EAD) within a 4-5 months window and in some cases may be approved for an advance parole document which will allow him/her to travel outside the US and re-enter. If a green card is obtained where the couple has been married for less than 2 years, a 2-year conditional green card will be issued. To receive a permanent green card the couple needs to submit Form I-751 within the 90-day period before the expiration of the 2-year green card.
What happens if I get divorced before the end of the 2 year conditional green card?
If a foreign national gets divorced from the Petitioner before the expiration of the conditional 2-year green card, the spouse must file Form I-751 and request a “good faith marriage waiver”.
Unmarried children under the age of 21 and parents of U.S. citizens who are at least 21 years old may apply for a green card as an immediate relative. There are many specific issues involved in applying a green card based on marriage to a U.S. citizen. Our immigration lawyers assist with every step of the process in order to ensure a successful result.
A marriage that is legally valid but lacks evidence of bona fides can be determined to be a sham marriage, entered into by the parties to obtain immigration benefits and without any intention to live together as husband and wife. Couples applying for a fiancée visa or marriage based green card should be fully prepared for immigration officials review of their applications to ensure that the marriage is legitimate and bona fide.
