Green Card
There are many ways how a person can become a U.S. Permanent Resident (“Green Card” holder). It can be achieved through employment based petition, family based petition, asylum, NACARA, cancellation of removal (formerly known as deportation), diversity visa lottery, etc.
For employment based immigrant petitions in general there is a requirement to have a job offer from a U.S. employer that is willing to sponsor the foreign national and to obtain a labor certification from the U.S. Department of Labor through a process called PERM.
The purpose of PERM is to assure that there are no U.S. workers that are qualified and willing to take the job in the area of employment. Another purpose of the PERM is to assure that the foreign national's employment will not adversely affect the wages and working conditions of similarly employed U. S. workers.
Nevertheless there are certain foreign nationals under the employment based category that do not need a U.S. employer or to go through the PERM process. This possibility is available to aliens with extraordinary ability and to foreign investors.
Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.
Also there is the possibility for some foreign nationals who are members of professions holding advanced degrees or aliens of exceptional ability to waive the job offer requirement. This waiver may be accomplished through the national interest waiver and the waiver for physicians working in shortage areas or veterans facilities.
There are other groups of foreign nationals that even though they do not have to obtain a labor certification they need to have a job offer from U.S. employer. They are outstanding professors and researchers, certain multinationals executives and managers and Schedule A workers. Outstanding professors and researchers is an alien that is recognized internationally as outstanding in a specific academic area and the alien has at least 3 years of experience in teaching or research in the academic area.
Certain multinationals executives and managers are foreign nationals that in the 3 years preceding the time of the alien's application for classification and admission into the United States as permanent residents have been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
Schedule A group I is for physical therapists and professional nurses.
Schedule A group II is for foreign nationals of exceptional ability in the sciences or arts including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States, and foreign nationals of exceptional ability in the performing arts whose work during the past 12 months did require, and whose intended work in the United States will require, exceptional ability.
In general there are two processes to obtain a “Green Card”: Adjustment of Status and Consular Processing. Some people may choose between both processes and some people may not choose.
The adjustment of status process means that a person obtains the “Green Card” inside the United States. Not everybody qualifies for this process.
The people that may avail themselves with this process may obtain work authorization to work legally in the United States while waiting to get their “Green Cards”.
Also during that waiting period they may apply to obtain travel authorization documents to travel outside the United States and being able to return. They need to obtain that document before traveling, otherwise their adjustment of status application will be deemed abandoned. Sometimes (not always) is not convenient to travel abroad before getting the “Green Card” because that may trigger the 3 or 10 years bar. That means having to stay outside the United States for 3 or 10 years before being able to return.
The consular process means that the “Green Card” applicant has to appear at a U.S. Consulate or Embassy abroad to apply for an immigrant visa. Once the immigrant visa is issued the person has 6 months to enter the United States. Upon entry the person becomes a U.S. Permanent Resident and will receive the “Green Card” by mail.
At the Law Offices of Hugo C. Castro we take great care to assure that each and every step of the “Green Card” process is very well done and tailored according to each particular case.
We have the knowledge, experience, resources and capabilities to provide you with a strong legal representation.