Background
An immigrant is a foreign national who has been granted
the privilege of living and working permanently in the
United States. You must go through a multi-step process
to become an immigrant.
First,
the USCIS must approve an immigrant petition for you,
usually filed by an employer or relative.
Second,
the State Department must give you an immigrant visa number,
even if you are already in the United States.
Third,
if you are already in the United States, you may apply
for
Adjustment of Status to permanent
resident status. (If you are outside the United States,
you will be notified to go to the local U.S. consulate
to complete the processing for an immigrant visa.)
Important
information regarding employment-based Green Card: An
undated memorandum from
USCIS' William Yates rescinds a March 3, 2004 memo on
concurrent adjudication of I-140s/I-485s, although concurrent
filing continues. Previously, the Form I-485 could
not be filed until the Form I-140 was approved, thus delaying
the many benefits associated with the Form I-485 filing.
As has always been the case, the Form I-485 cannot be
filed until an immigrant visa number is available.
How
does concurrent filing affect the filing for work authorization
and advance parole?
Under the rule, immigrant visa applicants and their spouses,
can also seek employment authorization and/or advance
parole simultaneously with their concurrent Form I-140
and Form I-485 filing.
Who
is eligible to file concurrently?
The interim rule applies to employment-based immigrant
petitions under the First, Second and Third Preference
categories (Section 203(b)(1),(2), and (3) of the Immigration
and Nationality Act). Applicants with pending labor certification
applications must await approval of the application by
the Department of Labor to benefit from this provision.
The following is a list of the types of Form I-140 immigrant
petitions which benefit from this new rule:
·
Individuals of Extraordinary Ability;
· Outstanding Researchers;
· Multinational Managers and Executives;
· National Interest Waiver candidates (who hold an advanced
degree or are of exceptional ability);
· Advanced Degree Professionals with an underlying approved
labor certification from their sponsoring employer;
· Professionals holding Bachelor's degree with an underlying
approved labor certification from their sponsoring employer;
· Skilled Workers - i.e. are being offered a job that
requires at least two years experience, with an underlying
approved labor certification from their sponsoring employer;
· Other workers (unskilled labor- and who have an underlying
approved labor certification from their sponsoring employer).
When
is an immigrant visa petition and adjustment application
considered to be concurrently filed?
There are three instances in which an immigrant visa petition
(Form I-140) and adjustment of status application (Form
I-485) will be considered concurrently filed:
1) Where the Form I-140 and Form I-485 are submitted simultaneously*,
which is defined as:
·
filed at the same time and mailed to the same Service
Center;
· enclosed within the same single mailing envelope;q submitted
with the correct filings fees;
· and received on the same day (at the same Service Center).
(*This requires the applicant to have an immigrant visa
available).
2) Where a Form I-485 application is to join up with a
currently pending Form I-140 petition, provided that -
·
a visa number is available;
· the correct filing fee is enclosed;
· there is proof of the proper receipt of the Form I-140
filing receipt (Form I-797, Notice of Action); and
· it is filed at the same Service Center as the Form I-140
petition.
3) Where an applicant is in deportation or removal proceedings
before the Immigration Court or has an appeal pending
before the Board of Immigration Appeals. In the above
instance, the same rules as in #2 above apply except that
the filing of the I-485 must be made with the Immigration
Court or Board of Immigration Appeals, depending upon
which body has jurisdiction over the case.
What
Does the Law Say?
The Immigration and Nationality Act is a law that governs
immigration in the United States. For the part of the
law concerning permanent resident status, please see INA
§ 245. The specific eligibility requirements and procedures
for adjusting to permanent residence status are included
in the Code of Federal Regulations [CFR] at 8 CFR § 245.
Who
is Eligible?
To find out who may apply for permanent residence in the
United States, please see eligibility information under
the for
Work Visa and
Family Based Visa
sections on this web site. (Please note, your
permanent residence status will be conditional if it is
based on a marriage that was less than two years old on
the day you were given permanent residence.
How
Do I Apply?
The Law Offices os Susana Chung
will be pleased to process your Green Card application,
whether on behalf of the company or the self-petitioning
individual. Our law office will carefully analyze your
case and make recommendations on the most appropriate
process for you or your company to pursue. We then assist
with preparing documents and letters, continuing the case
through the adjustment of status or consular processing
stage, until the principal applicant and family members
receive the Green Card.
Will
I Get a Work Permit?
Applicants for adjustment to permanent resident status
are eligible to apply for a work permit while their cases
are pending. The Law
Offices os Susana Chung
can simultaneously process your work permit application
while your Adjustment of Status is pending. You do not
need to apply for a work permit once you adjust to permanent
resident status. As a lawful permanent resident, you will
receive a permanent resident card that will prove that
you have a right to live and work in the United States
permanently.
Can
I Travel Outside the United States?
If you are applying for adjustment to permanent resident
status, you must receive advance permission to return
to the United States if you are traveling outside the
United States. This advance permission is called Advance
Parole. I f you do not apply for Advance Parole before
you leave the country, you will abandon your application
with the BCIS and you may not be permitted to return to
the United States. Please contact our law office for more
information concerning Advance Parole.
How
Can I Check the Status of My Application?
Click on the menu button to the left, labeled "Check
Case Status" and enter your file number.
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