THE GREEN CARD APPLICATION PROCESS
To become a Green Card holder through the Employment Based Application, you must have a permanent employment opportunity in the USA and go through a multi-step process:
Step 1 - you must determine that you are eligible for a Green Card based on Employment
Step 2 - the majority of employment categories require that the US employer complete a Labor Certification request (Form ETA 750), and submit it to the Department of Labor's Employment and Training Administration who will either grant or deny the request.
Step 3 - the INS must approve an "Immigrant Visa Petition" which is filed by your employer. The employer acts as the 'sponsor' or 'petitioner' for the Green Card applicant. Although some EB categories have different filing requirements, the employer will generally have to file Form I-140, Petition for Alien Worker.
Step 4 - the Green Card applicant must be given an “Immigrant Visa Number” (even if the applicant is currently in the USA). When you receive an immigrant visa number, this means that an immigrant visa has been 'assigned' to you.
Step 5 - If you are already "in" the USA, you must apply to adjust your current status to Permanent Resident Status after your visa number becomes available.
This involves filing the following with the INS;
· Form I-485 Application to Register Permanent Residence or Adjust Status
(Please review Supplement A to Form I-485 as additional fee requirements may apply).
· Form G-325A Biographic Data Sheet (between the ages of 14 and 79)
· Form I-693 Medical Examination Sheet (NOT required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)
· Two color photos taken within 30 days (for more instructions on photos please view INS Form I-485 .
· Form I-864 Affidavit of Support (completed by the 'sponsor'). (This requirement may NOT apply to you if you are adjusting to permanent resident status based on an employment petition).
· Form I-765 Authorization for Employment (if seeking employment while case is processed). For more information, see How Do I Get a Work Permit?
· Evidence of inspection, admission or parole into the United States - Form I-94, Arrival Departure Record.
Note ~ If you are "outside" the USA when your immigrant visa number becomes available, you will be notified and must complete the process at your local U.S. consulate office.
you should provide evidence of eligibility as follows:
· You must submit a copy of the approval notice sent to you by INS, if you have already been approved for an immigrant petition.
· If someone else is, or, has filed a petition for you which, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions.
· If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
· If you are an asylee or refugee, you must submit a copy of the letter or INS Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit INS Form I-643 (Health and Human Services Statistical Data).
· If you are a Cuban citizen or native, you must use INS Form I-485 (Application to Register Permanent Residence or Adjust Status) and submit evidence of your citizenship or nationality.
· If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
· If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.
· If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.
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