Non-Traditional Journey to a Green Card: A Case Study
Calvin Azadi
Oftentimes, clients will approach our office with doubts as to whether they have a strong enough case, or whether their personal circumstances will allow them to obtain a Green Card (US residency). In this post, we’d like to highlight one of our recent non-traditional case approvals in the hopes of showing aspiring Green Card holders that, with the right legal guidance, one may qualify for a Green Card under a wide range of circumstances, even if you think you may not.
A summary of events…
1. Our female client entered the US on a tourist (B-1/B-2) visa.
She was granted a 6 month stay; this is normal for those entering the US on a tourist visa.
2. Before the expiration of her 6-month stay, she filed for asylum.
3. Our client obtained an Employment Authorization Document (work permit) 6 months after her asylum filing date, and found a job.
Important to note: she did not work illegally in the meantime. A future Green Card application can be compromised if an applicant is found to have worked illegally.
4. She impressed her US employers with hard work and eventually spoke to them about possible sponsorship.
They agreed to have a company representative consult with our attorney’s office to see if the company would qualify as a Petitioner/Sponsor.
After reviewing the company's Financial Statements (to ensure their profitability and ability to pay the beneficiary a fair wage, as regulated by the Department of Labor), we determined that the company did qualify.
We also reviewed the Applicant's Resume, to ensure she had the required experience and education to fill the position the company was having trouble filling with a US worker.
5. The Company hired us to begin the Labor Certification (PERM) Process with the US Department of Labor (DOL).
Step 1: we submitted a prevailing wage request, to determine the fair wage the Company must pay to whoever would fill this position. This was based on factors such as: required education and professional experience for the role, as well as the Company's location (average salaries vary by city/State).
Step 2: we instructed the Company on conducting recruitment. In order to file a Labor Certification with the DOL, the Company had to attempt to find a qualified US worker for the position they were having trouble filling. Only after reviewing applications and conducting job interviews could they determine that no qualified US workers were willing to accept the job offer.
Step 3: We filed the client’s Labor Certification to be reviewed by the DOL. It was approved.
6. Next, we filed the client’s EB-3 application with USCIS, which was also approved.
7. Once the visa bulletin became “current” for her nationality and case type, we filed for US Residency (a Green Card) for the client.
We made sure to stay on top of all visa bulletin news on our client’s behalf, to notify her of any relevant updates and ensure she didn’t miss the boat. (Applicants are given up to 1 year maximum to file their Residency application once it becomes “current”).
8. We scheduled a Consular Appointment for the client at the U.S. Embassy in her home country.
We prepared her for the in-person interview regarding her Green Card application that would take place at this appointment.
9. Following a successful interview, she was officially approved for US Residency!
Her EB-3 visa was issued, and then her Green Card was issued and mailed to her shortly after she re-entered the US.
Some important things to note:
The client had not had her asylum interview yet. She was also not in Removal Proceedings, because she filed for asylum while she had valid immigration status.
Filing for asylum did not give the client a valid status in and of itself, because her application wasn't approved yet, but the pending asylum case did protect her from accruing “unlawful presence” and from deportation. As she did not violate any other immigration laws during this period (working illegally, committing a felony, etc.), her residency application went smoothly!
The outcome of this case would have been the same if the client had applied for any other EB visa (EB-2, EB-1, EB-5). However, being in the US with a pending asylum case would not have allowed her to apply for a non-immigrant visa such as an H, E, O, etc. – regardless, these visas do not lead to Residency (a Green Card) anyway.
Any questions about a potential Green Card process? Don’t hesitate to get in touch with us! You can also read more about Work and Talent Visas here.