Today’s post concludes our series regarding Employment-Based Green Card Applications. The third and final installment is titled, “Application for Permanent Residence.”
Part 3: Application for Permanent Residence
After both the Labor Certification Application and the Priority Date and Visa Petition portions have been completed, the applicant moves on to the Application for Permanent Residence phase. In this part, your immigration attorney will assist you in preparing all of the required forms, as well as ensuring the supporting documentation is complete.
Note: If an applicant applies for permanent residence while in the United States, the application is called “adjustment of status” processing.
Conversely, if the application process occurs while outside of the United States, said application is simply applying for an immigrant visa. Either way, the objective remains the same: to gain permanent residence in the United States.
Application Process Details
The permanent residence application, while not as exacting and complicated as the Labor Certification Application phase, is still an involved process with regards to paperwork and documentation.
Hence, your immigration attorney will provide assistance every step of the way, including preparing the appropriate materials and filing documentation.
Noteworthy during the permanent residence application process are the questions you will be asked by the Immigration Service (or consular office) regarding your past activities. More specifically, they will inquire as to whether you have:
- Ever been a member of the Communist Party, any groups affiliated with terrorist activity, or any other organizations with similar ideologies.
- Ever been arrested, detained, or convicted of any crimes.
- Ever received public assistance
- Ever lied to obtain a visa, worked or took employment in the United States without prior permission, or ever overstayed your legal status.
Your immigration attorney will provide additional details regarding these questions at a later date if necessary. However, you should inform your attorney immediately if any of the above, or anything else questionable, applies to your case.
For the most part, individuals applying for an employment-based adjustment of status will not be subject to an interview if the application is submitted to a local USCIS district office. If the application is filed with a consular office, however, it should be noted that employment-based cases are always subject to an in-person interview.
Upon successful completion of the entire process, the applicant will be granted permanent residence and issued a “green card.” While your immigration attorney will be a valuable guide and resource during the entire process, there is no way to guarantee a successful application process ahead of time.
This is due to the many variables involved over which they have no control.
Still, your immigration attorney will most likely be able to provide both you and your sponsoring employer a preliminary assessment before the application process moves forward.
For more information on the employment-based green card application process, contact Lightman Law Firm at (212) 643-0985 or submit a consultation request online.
Lightman Law Firm was recently honored as New York’s 2014 Immigration Law Firm of the Year by Acquisition International. Additionally, founding attorney, Douglas Lightman, was named a “Rising Star” by SuperLawyers.com. Lightman Law Firm also carries a 4.9 rating on Google Reviews.