what is the first step attorney do for gc filling

What are the steps in GC processing?

There are essentially three steps in the employment-based green card application process:Labor Certification (PERM) ... Immigrant Petition. ... Adjustment of Status or Obtaining an Immigrant Visa.

What is the first step to getting a Green Card?

Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.Jul 5, 2020

How much time does it take for PWD approval?

Once the initial planning step is complete, employers will typically request a prevailing wage determination (PWD) from DOL. As of late 2021, processing of PWDs was taking up to six months.

Do I need a lawyer to file I-485?

Options for Preparing Form I-485 Depending on the case, attorney fees can be $1,500-$5,000 (not including USCIS fees). For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But most people with straight-forward situations don't need a lawyer.Aug 14, 2018

Who approves green card?

U.S. Citizenship and Immigration Services (USCIS)As proof of that status, U.S. Citizenship and Immigration Services (USCIS) grants a person a permanent resident card, commonly called a "Green Card."

What happens after I-140 is approved?

After a successful interview, your “green card” should be approved, printed and mailed. If AOS is filed as a standalone, ​then after your I-140 approval, you must wait for your priority date to be current as per the Visa Bulletin to file your adjustment of status I-485 (and of any dependents).

What is PWD in GC process?

Obtaining a prevailing wage determination (PWD) for the sponsored green card position is a mandatory step that must be completed prior to filing Form 9089, the PERM Labor Certification Application.Jun 19, 2015

How long it takes to get I-140 approved?

four to six monthsUSCIS processing time for an I-140 Petition is typically four to six months. However, for an additional filing fee, the USCIS will adjudicate the petition via “premium processing” (15 calendar days).

Does PWD expire?

What is the validity of the PWD Card? This ID card is valid for three years and free of charge when issued for the first time. There's a minimal fee for PWD ID renewal due to expiration, damage, or loss of card.Jan 11, 2021

How long does it take to get 485 approved?

8 to 14 monthsYou can expect the total I-485 processing time to be at least 8 to 14 months. It may take four to six weeks for USCIS to accept your application and send you a confirmation receipt. You then will receive notice of your biometrics appointment, which you must attend.

Can immigration lawyer speed up process?

An immigration lawyer cannot magically speed up your applications process once it has been submitted, however by hiring an immigration lawyer you can greatly decrease your chances of unnecessary delays caused by mistakes in your application.

Who processes i-485?

USCISIn cases where USCIS approves the concurrently filed I-140, USCIS will subsequently process the I-485 on a first in first out basis determined by the date the I-485 was filed.

Temporary Employment / Work Visas

H-1B Visa:Attorney Fee: $1,195 ($1,495 if work location is at a client site)USCIS Fee: $460 to $3,460Processing Time: 15 to 150 daysH-4 Visa: Attor...

Permanent Residence / Green Card – Employer Sponsored

Green Card by Employer Sponsored Labor Certification with PERMAttorney Fee: $2,000 ($900 to prepare and file the PERM, $600 to file the I-140, $500...

Permanent Residence / Green Card – Self Sponsored

Green Card by National Interest WaiverAttorney Fee: $2,900 ($1,700 to prepare and file with USCIS, $1,200 due upon USCIS Approval)USCIS Fee: $700Pr...

How long does it take for USCIS to respond to an adjustment of status?

Approximately 2 to 3 weeks after filing. As long as there were no errors with your adjustment of status package and all forms have been properly filed, the USCIS will respond by sending you a letter that confirms its receipt of your application.

How long is a biometrics appointment?

Applicants ages 14-78 need to appear at their biometrics appointment. This appointment, which is also called a biometrics screening, is usually 30 minutes long. During the biometrics appointment, the USCIS will collect your fingerprints, signature, and photograph. 4.

What happens if you get denied a green card?

However, if your application for a permanent resident is denied, the USCIS will provide you with a notice detailing the reasons for the denial. Note: In some cases, the USCIS can place a green card applicant into removal proceedings after his or her green card application was denied.

What is DS-261?

The DS-261, or Online Choice of Address and Agent, is an online form that informs the State Department on how to communicate with you during the application process. During this step, you will also be expected to have your visa interview with an embassy official and submit supporting documents. 3. Travel to the U.S.

Where do I submit my I-485?

If you are in the United States and you are eligible to adjust your status within the U.S., you must submit Form I-485 (Application for Adjustment of Status) to the USCIS office.

Who is eligible for a green card?

Family based categories of applicants who are eligible to apply for US green card include: Immediate relatives of U.S. citizens: A spouse of a US citizen; A minor child (under 21) of a US citizen; or. A parent of a US citizen over the age of 21.

Can non-citizens get a green card?

Eligible non-citizens who arrived in the U.S. through a lawful entry (see below) may be able to apply for a green card through the so-called Adjustment of Status (“AOS”) process.

Processing Times for PWR and PERM Applications

Processing Time for Prevailing Wage and PERM Labor application approval for Green Card varies. You can find them for both PWR and PERM Labor Application here – current processing times here (New FLAG System). The following screenshots show where to look for the Processing Times.

Stage 2: I-140 Immigration Application

The next step in the Green Card process is I-140 Immigration Application. After Labor Certification Application has been certified by DOL I-140 application can be filed.

Stage 3: I-485 Adjustment of Status

Form I-485 Application to Adjust Status, the actual green card application which will be filed after USCIS approves I-140 request.

What is an affidavit of support?

Affidavit of Support. An affidavit of support is a form that a sponsor files on your behalf when you are applying for a Green Card or immigrant visa. It is required for some (but not all) categories of immigrants before they can become a permanent resident of the United States.

What is consular processing?

Consular processing is the method immigrants use to get their Green Card when outside the United States or when ineligible to adjust status in the United States. Concurrent Filing. When getting a Green Card through employment, family, or as a special immigrant, someone may need to file a petition for you.

What is the purpose of a green card?

The purpose of the form is to show you have the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. Public Charge. To get a Green Card, most immigrants must show that they will not become a public charge.

What is the process of getting a green card for a mother?

embassy or consular office. This is known as consular processing.

What is the purpose of filing an I-130?

Again, the purpose of filing Form I-130 is to establish the legitimacy of the relationship between the petitioner (U.S. citizen) and the beneficiary (parent). Therefore, it’s imperative to submit evidence of a valid relationship . Based on the specific type of relationship, the requirements vary. When you file the Form I-130, Petition for Alien Relative, you will also submit the following supporting documentation.

What is an I-130 petition?

By filing Form I-130, Petition for Alien Relative, you are requesting that the government recognize your relationship with the parent and also requesting that a visa be reserved. When the I-130 petition is approved, the government is acknowledging that there is a qualifying relationship and that a visa is available.

How old do you have to be to get a green card?

As the son or daughter who wants to petition a parent, you must be a U.S. citizen and at least 21 years old. Although it gets a bit more complicated, this privilege also extends to certain step and adopted sons and daughters.

Where can I find the I-130?

A complete set of I-130 instructions can be found on USCIS.gov or by using CitizenPath’s Form I-130 preparation software. If you are helping both parents get a green card, you will need to file a separate Form I-130 for each parent. Generally, most people can file the I-130 petition on their own.

Can I file an I-485 with my mother?

When filed concurrently, the green card application will be processed more quickly. Your parent may only file Form I-485 if he or she is already in the U.S. This is known as adjustment of status.

What is a copy of birth certificate?

A copy of your birth certificate showing the names of your birth parents. A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday. A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered ...

How long does it take to get an EB-1?

The service center’s caseload and the complexity of your case will influence how long it takes to process the petition. On average, however, it takes about six months to process.

What is EB1 priority?

Within the EB-1 category, there are three different subcategories of priority workers that will qualify. An evident of superior abilities in the field of science, art, education, business, or athletics. Must be able to provide relevant proof of recognition. Intended for highly-acknowledged scholars or scientists.

What is the fastest green card?

The EB-1 green card is one of the fastest methods for obtaining the U.S. permanent residency among all the employment-based options. The EB-1 is the first-preference employment-based green card category. Annually, a total of 140,000 applicants receive green cards under the employment-based rank and each country is only capable of collecting 7% (9,800) of the 140,000 cap.

How long does it take to file a Perm application?

After the advertisements are complete, your employer will file the PERM application with the DOL using ETA Form 9089 (provided no qualified and willing U.S. workers applied for the job position) after the mandatory 30-day waiting period has passed. This waiting period begins the day after the last ad expires, and your employer cannot file the ETA 9089 until 30 days following the most recently placed ad's expiration.

What is labor certification?

Labor certification, commonly known as PERM, is a multi-step process within itself, as explained here.

Can the DOL approve a Perm?

The DOL can (1) approve the PERM (2) deny the PERM or (3) audit the PERM. If your PERM is audited, the DOL will ask your employer to provide additional evidence for the application. After your employer responds to the audit request, the DOL will review the new evidence and either approve or deny the PERM.

How to apply for an adjustment of status?

Once you have a current priority date, you can apply for an adjustment of status by submitting the I-485 form with the USCIS. If it is approved, then you will receive your green card.

How long does it take to get a DOL?

On average, the DOL process takes about 6 months, and the USCIS process also takes several months.

What is the most popular visa in the US?

The H-1B visa is the most popular U.S. visa due to its numerous benefits, especially the opportunity to apply for a green card application. One of the most common terms related to the H-1B visa is “dual intent” which refers to certain temporary visa classifications with the option of green card application. Not all temporary/nonimmigrant visas have these options.

How to file an I-140 for an alien worker?

Once the PERM has been approved, your employer must then file an I-140 Immigration Petition for Alien Worker. In the Form I-140, your employer must prove they are in good financial shape, as that is needed to demonstrate their ability to pay the salary for the job position. The form must be submitted with the approved PERM labor certification, and a filing fee. If your petition is approved, then the USCIS will send you an Approval Notice. This indicates that you can move to the next stage of your green card application process. Keep in mind that an approved I-140 doesn’t mean your status has been adjusted from nonimmigrant to immigrant. You will need to wait until the end of the 5th step, which is I-485 petition approval

What is the third preference category in employment?

The employment third preference category is for skilled workers, professionals holding bachelor’s degrees and individuals who are considered other workers. These “other workers” include manual and unskilled laborers that do not perform temporary or seasonal tasks.

Can an employer sponsor a green card?

You must first find an employer who is willing to sponsor you for your green card by offering you a position that qualifies under an employment-based green card category. Most of the U.S. employment-based green card categories must be sponsored by an employer. This can be either your current H-1B employer or a different employer.

What form do I need to file for adjustment of status?

It is important to emphasize that if you are applying for adjustment of status to be a permanent resident under Section 245 (i) of the Immigration and Nationality Act, you must complete both Form I-485 and Supplement A to Form I-485, Adjustment of Status Under Section 245 (i). 5.

How to apply for a green card?

1. Determine if you are eligible to apply for the Green Card. Eligibility requirements will vary based on the immigrant category you are in. The first step is to see if you fall under one of the categories that allow you to apply for a Green Card.

What is adjustment of status?

The process known as adjustment of status allows you to apply for legal permanent residence to obtain a Green Card in the United States. This immigration process is carried out by foreigners who are already within the United States. In other words, foreigners can obtain a Green Card without having to return to their country.

How many forms do I need to get a green card?

The usual thing for most people is to have to submit 2 forms. On the one hand, an immigrant petition and, at the same time, the Green Card application (Form I-485).

Is a B1 visa temporary?

They argue that the B1 and B2 visitor visa is temporary and that it will be a crime to enter the country with the intention of staying permanently.

What is a waiver application?

Waiver application could mean denial of adjustment of status petition due to Public Charge Rule. The cost of Form I-485 must be paid by personal check, money order, or by credit card. In addition, Form G-1450 would have to be completed .

How to check status of USCIS case?

Verify the status of your case. You can do this online or call the USCIS Contact Center at 800-375-5283. For people with disabilities: (TTY) 800-767-1833. Please keep your receipt number, A-Number, name, and date of birth available so that you can provide this information to the USCIS officer serving you.