The last stage in the process is applying for your permanent residence.
This can be done concurrently along with the I-140 application if
the Priority Date for the employee is current. The U.S. Immigration
and Nationality Act (INA) provides that visas be prorated for foreign
states or dependent areas when the demand for visas exceeds the
per-country limit. This means there is a specific number of visas
available each year in each preference category. When the demand
for immigrant visas is larger than the supply, a backlog is created.
This is known as the "quota". The US employer files a
petition on behalf of the prospective employee. The date that the
USCIS or labor department receives the petition for processing is
noted as the "priority date".
You can get the current priority date information form the department
of state website: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Currently, this applies to China (mainland-born), India, Mexico, and
the Philippines. Each of the preference categories is subject to
numerical limitation.
If permanent residence is applied for in the United States, it is
known as applying for adjustment of status. If applied for outside
the United States, it is known as applying for an immigrant visa.
The result of either will be the same; that is, permanent residence.
Whether you apply for permanent residence at home or abroad, you
will want to begin obtaining the following documents if you do not
already have them in your possession:
- A birth certificate for you and any family members;
- A marriage certificate if you are married;
- Divorce decrees or other proof of the termination of any
prior marriages;
- Current passport(s) valid for at least the next year or
two;
While the labor certification is probably the most difficult
part of this whole procedure, the paperwork and documentation
for permanent residence are also rather involved. Our office will, of course,
be assisting you in preparing the set of paperwork associated
with this process as well as assembling the necessary documentation
for filing.
At the permanent residence application stage, the Immigration
Service (or consular office) will be interested in whether you
have,
- been a member of the Communist Party or similar groups,
- been arrested or convicted of any crimes,
- suffered any attacks of insanity,
- stayed in the U.S. on a work visa without pay, or
- lied to obtain a visa, worked in the United States without
permission, or overstayed your legal status, etc. We will go
into more detail about these factors later (certainly, if any
of these apply, be sure to mention them to us as soon as possible.)
Most people who have been granted labor certification who apply
for adjustment of status in the United States are not being required
to attend an interview. Persons who process outside the United States
are always required to attend an interview.
Once this step has been successfully completed, you will be granted permanent residence
and be issued a green card.
Our office realizes this process is very important to you and we are available to ensure your success in your immigration
goals. We will do everything possible to make this lengthy process
as easy on you as possible.
Once you make the decision to go through with this process, please
contact your company for their approval. Once you are ready to move forward, click on Questionnaires to the left and fill out and submit the Labor Certification Questionnaire.
Please fill out this form completely and send all documents
to the address listed on the form. If you have any
questions, please do not hesitate to contact our office.
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