This document allows you to work legally in the U.S.
Apply for an Employment Authorization DocumentĪnother benefit of an employment-based adjustment of status is the ability to file for an EAD. This is very advantageous since the interim waiting period for some employment-based green card timelines can span several years. It also protects your pending AOS application from being considered abandoned. without an immigrant/non-immigrant visa after traveling overseas. Essentially, advanced parole permits you to reenter the U.S. The second benefit of an employment-based adjustment of status is the ability to simultaneously apply for advance parole. Unlike other categories, like family-based immigration, which require an interview, once your adjustment of status application is approved, you’re usually ready to go. In particular, this is the final step before actually receiving your green card. There are many benefits if you’ve reached the employment-based adjustment of status phase. RELATED PAGES Benefits of Employment-Based Adjustment of Status
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The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.11.1. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Road to a Green Card: Adjustment of Status or Consular Processingĭisclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Tourist Visa and ESTA/VWP: Consular Processing Versus Adjustment of Status
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If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066, email us at or explore our website at Related Blog Posts: We frequently file with USCIS, NVC and DOS, and we can use this experience to better serve you. We strive to make sure you understand the immigration laws that pertain to your specific circumstances. is an immigration and naturalization law firm serving Eastern North Carolina. ABOUT OUR IMMIGRATION LAW FIRM:įickey Martinez Law Firm, P.L.L.C. However, if the I-130 and I-485 are filed separately, the processing time could be as little as 10 months, but it usually lasts as long as 2 years. As a side note, filing simultaneously the I-130 and I-485 may make the processing time quicker, even as little as 3 to 8 months. Second, an I-130 should be either (1) filed simultaneously with the I-485, if the eligibility is immediately available (2) filed first, approved, and then the I-485 is filed or (3) filed first, pending, and if immediate eligibility is acquired while pending, the I-485 should be filed. Guessing may be costly and could place someone in deportation court. If you are unsure about eligibility, you should speak with a local immigration attorney. However, generally, if the immigrant marries a U.S. However, visas like the J Visa generally have Home Residency Requirements that impose a restriction on eligibility. Generally, a visa is eligible when occurring through marriage-based immigration with a U.S. For a clearer answer, an immigrant’s eligibility can be found on their visa and the category they are processing through. However, two issues then arise: (1) how someone is to know whether their eligibility is immediate and (2) which form is filed first.įirst, for a legal answer, an immigrant has immediate eligibility for marriage-based immigration if the immigrant can process the forms without other requirements. From an immigration attorney’s standpoint, if the immigrant’s eligibility is immediate, then filing both forms jointly would be highly preferred. Now, the I-130 and I-485 has a fundamental vagueness, being when each should be filed. As for the I-485, this process is similar to the I-130, but concerns the eligibility of the immigrant / beneficiary of the petition. The I-130 petition is simply asking the government to do something, but its process can lead many astray. Unfortunately, what you attach to this form is pivotal and should be done the best way possible.
The I-864 is another daunting process because it requires many supporting documents of your finances and tax records. Apart from a petition, a sponsor would also need an I-130A* (a supplemental information form), an I-864 ( affidavit of support), and a G-1145 (highly preferred electronic notification). Sadly, the I-130 is only the beginning point. Apart from the forms being numerous pages long, the instructions for the two forms seem to confuse the entire process even further.įor instance, the I-130 is considered the Petition for an Immediate Relative, and some would think that this form is all that would be needed. The I-130 and I-485 is a daunting process for husbands and wives going through a Marriage-Based Immigration Process.
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