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Category: Greencard

Greencard / Immigration News / RECENT Q&A

As a green card holder, Can I re-enter the US again after 10 years later

Question

As a green card holder, I travelled to my home country for visitation and upon my return to the US, I suffered a stroke which has kept me in my home country for 10 year. How can I re-enter the US again?

Answer

Your question logic is flawed, hence I am assuming this is either a hypothetical case or you are fibbing.

You said upon returning to the US you suffered a stroke. Then your incapacitated time must have been in the US and it should have no effect on your green card. US residents have a right to get sick, seriously sick.

Assuming you had your stroke at home, unless you were in a 10 years long coma and just came out of it, why didn’t you ask someone to contact the local consulate and arrange a returning resident permit for you ? Again unless you were out of conscience for such a long period of time, there is no excuse to not contacting US authorities and inquire about your unusual situation. And if you were really incapacitated for so long, you should have papers from not one but many doctors and and hospitals, showing the details of care you received and why you received such care. Use those when you apply for a returning resident permit.

But, a big BUT, as someone from the other side of the planet myself, I know how the minds of people work. You totally disregarded the requirements and now, the things in the home country is not going good and you want to seek refuge in the US. What could be more convenient than a debilitating ailment ? Especially if you have a doctor friend or family member who can give you a piece of paper stating you had a stroke. But believe me, after that long absence from the US, you will not be let off the hook that easy by a piece of paper from a hospital or a doctor. You will have to prove that you really had no chance in the past 10 years to contact the consulate and inform them what happened to you. Can you do that ? If so, do it. Otherwise, you are back to square one.

EB-3 / Green Card based on Sponsor / Greencard / Immigration News

Process of Getting an Employment-Based Green Card

Process of Getting an Employment-Based Green Card

The basic steps to getting an employment-based green card types are described below. If you are applying for an EB-1A or EB-2 national interest waiver green card, however, you can skip the steps involving an employer sponsor and file the application yourself. (It’s best to get the help of an immigration attorney for this.)

Step One: PERM

Successfully completing the PERM process is necessary for all employment-based green card categories requiring an employer sponsor. The employer must obtain a prevailing wage determination, advertise the job, and conduct prospective employee recruitment. If successful, the DOL will issue a certification for inclusion in the green card petition. The employer sponsor must pay all PERM costs.

Step Two: Form I-140, Immigrant Petition for Alien Workers and Priority Date

Once the PERM is approved, your employer will need to file USCIS Form I-140, Immigrant Petition for Alien Workers within 180 days. Here, the employer must prove that both you and the proposed position meet the relevant qualifications. I-140 adjudication can take months, but the employer can pay extra for “premium processing” (action within 15 days). The USCIS I-140 approval notice will include an important bit of information: your priority date.

Step Three: Await Current Priority Date

Monitor the Department of State’s Visa Bulletin to determine when a green card will become available for your priority date, category, and country of nationality. The Visa Bulletin is updated monthly. If you submit a green card application too early, it will be rejected.

Step Four: Applying for Permanent Residency

The next step depends on where you are living (in the U.S. or abroad) and if you’re in the U.S., whether you’re able to “adjust status” and choose to do so.

Green Card based on Sponsor / Greencard / Immigration News

An employment-based green card

Paths to Employment-Based Green Card Status

An employment-based green card can be obtained through employer sponsorship or, in some categories, through the applicant’s potential to benefit the U.S. professionally.

Employer sponsorship means that the employer files a petition with USCIS to qualify the prospective job for green card sponsorship. Only when that petition is approved may the foreign worker file a green card application based on employment.

Not all U.S. jobs will qualify for green card sponsorship. The law sets out narrow categories, and both the position and the sponsored employee must meet all qualifications for at least one of them.

Categories of Employment-Based Green Cards

There are three main types of employment-based green card available:

  • EB-1 (employment-based first preference)
  • EB-2 (employment-based second preference), and
  • EB-3 (employment-based third preference).

Each also has subcategories, as detailed below.

Green Card based on Sponsor / Greencard / Immigration News

Employment-Based Immigration: Unskilled workers EB-3

For US immigrantion,

you must obtain green card in the United States, of which Employment-Based Immigration such as, EB-3, EB-2 have the options to consider.

The US green card process can save you time and money if you find a reliable sponsor company. There are several key points you need to consider.

Employment-Based Immigration: Unskilled workers EB-3

The “EB” in the EB-3 visa stands for “employment based. The most important thing is to find out what is the category with the highest rate of green card in the US working immigration category. In fact, it has already been proven that EB-3 unskilled migrants have the highest probability of obtaining permanent as i find them.

The reason why unskilled immigrantion is the best option is that they do not need educational background or carrer background. USCIS don’t ask them. Although there are reasons for disqualification : applicants who has a serious criminal record or violation of immigration law would be disqualified for green card in the first place.

Immigration Agency?

I suggest when you consider and find Immigration agencies, you must always be careful. You should check the acceptance rates and approval of work permits as well as approval of I-485, the final process, for those who have recently obtained green card in the United States. they usually use approval pictures from USCIS with names eliminated for just advertisement. Some website companies use those approved pictures, just to make it look real.

Green Card based on Sponsor / Greencard / Immigration News

Employer’s financial ability in I-140, immigration based on Sponsor

Employer’s financial ability in I-140, immigration based on Sponsor

If an applicant seeks green card based on sponsor company, the company should meet the financial capacity to give the green card applicant prevailing wage under immigration law or, the permanent residence application will be rejected.

Financial ability is the ability to pay the prevailing wages determined by U.S. Department of Labor. it is often called Permanent Labor Certification Process.

The standard proof that determines an employer’s financial capacity is the employer’s tax report. If the net profit of the company’s previous year’s tax report exceeds the employee’s prevailing wages set by the U.S. Department of Labor, the company is considered to be financially competent under immigration law.

However,

The company’s net profit alone does not determine its financial capacity. Even if your net profit is lower than prevailing wage, When your employer is currently working for the company and receiving wages, the employers are considered financially competent.

You can also prove your company’s financial strength by showing your net worth, including our liquid assets.

In this case, USCIS will consider company’s development or growth potential. This means that if the company is determined to have potential for future development or growth through its net worth, it is considered financially capable.

Sometimes, even a large company with a large number of employees may be judged to have no financial capacity by USCIS, However, even a smaller with a small number of employees may have financial capacity.

In fact, I-140 will be based on the overall situation of the company.

Employers must sustainably maintain their financial capacity when they apply for Perm to the U.S. Department of Labor until right before the applicant obtain permanent green card.

Careful consideration is necessary until he / she receives the permanent resident status. One thing to remember is that if an employer applies for two employment immigrants at the same time, the net profit on the tax report must be higher than the combined prevailing wages of the two. The more permanent resident applicants have applied for immigration, the higher the employer’s financial capacity is required.

Keywords: Perm, I-140, Prevailing Wage Determination, Green Card based on Sponsor

Family / Greencard / Immigration News / Marriage Greencards

Is it possible to apply for USA green card based on marriage if I have entered the country across the border.

Question

Question is whether or not it is possible to apply for USA green card with a citizen based on I-130 if I have entered the states across the border.

As I heard, spouse of an USA citizen have no problem getting
permanent green card even though they are undocumanted. I am one of them so, I would like to apply green card as a family member.

Answer

You must enter the United States legally when you enter the states. It is impossible to proceed without an entry record, I-94. but, even if you crossed the border, there are still other ways to obtain the green card based on 601 wavier.

Family / Greencard

How to check updates on your immigration status

–How to check updates on the procedure period and immigration status


First, the Citizenship Bureau official procedure period can be found at the “USCIS Check Case Processing Times” (https://egov.uscis.gov/processing-times/) link. Enter the reception form and the information of the service center accepted, and it will tell you the official procedure period. If the document has been accepted and has a receipt number, you can check the update status on the “USCIS Case Status Online” (https://egov.uscis.gov/casestatus/landing.do) page for information about yourself. it can. For reference, if you go to the smartphone app store, there is an app that supports immigrant status management, and you can check the updated status without going to the Immigration Bureau page every time.