Permanent residence through employment – a great option!
It is a terrific time to file for permanent residence if you have skills and a work-related background that is unavailable in the U.S. job market. The wait times recently have significantly decreased for nationals of most countries, so now is the time to consider such action.
In order to obtain permanent residence through a labor certification an employer must test the job market to determine if those skills are available in the US market. If the job search results in inability to find a ready, willing and qualified US worker for the position, then the labor certification will likely be approved.
Labor certifications are now filed on-line which greatly improves the adjudication time and facilitates their finalization. Often an answer is given in about nine months.
Wait-time for has shortened considerably. The exceptions are for Indians and Chinese, although the wait times for these nationals is also lessened somewhat. Foreign nationals with advanced degrees from almost all countries are able to file immediately for residence upon approval of the labor certification; Other categories which previously required years of wait, must only wait for two years.
These are positive developments and it might be time to consider filing such an application. We would be happy to discuss the viability of such an application.
Permanent residence through Spouses
Although Immigration Reform seems to be on hold, there is still a manner for spouses of U.S Citizens – even those that entered illegally – to regularize! This is through process that allows for all the paperwork to be completed in the United States and including a waiver.
An individual who seeks to obtain resident, but entered the country across the border illegally, can now regularize with a waiver of inadmissibility. Obama has instituted new procedures that afford such a permanent resident applicant to complete all forms and paperwork in the United States .
While entry across the border still requires in most cases processing overseas, the trip overseas is generally short and without problems. For example, the US Consulate in Mexico will typically take about three weeks to process the immigrant visa once all they receive a completed and approved application. Other Consulates and Embassies have similar processing time.
This new process with a waiver finalized in the United States has afforded those afraid to leave for long periods a possibility to obtain residence which would have otherwise not been available. Although not a perfect solution, it is a possibility where no previously existed.
It is worth speaking to an attorney if you are a married to a US citizen and have been in the country without the possibility to previously regularize your status. This might afford you the status that before evaded you. Call our office if you wish to discuss this further.
Immigration Reform 2014
Now is not the time to give up hope. While it appears that a full legislative package will not occur, Obama has stated that he is committed to helping illegal aliens in the country. He has been considering whether to grant work authorization and possibly the right to travel to some of the eleven million people here illegally. It seems pretty likely that he will approve some sort of relief after the November election. It is widely believed that this may encompass families of permanent residents and/or citizens. We will further update on any changes that occur. If you would like to put your name on a list should legislation be approved.