Strak Immigration Law

Immigrant Visa: Green Card

GENERAL:

The second and third employment based categories generally require that a Labor Certification Application be filed. This is a process which entails the recruiting of U.S. workers for the job position offered to the prospective foreign employee and a demonstration to the u.s. Department of Labor that there are presently no qualified U.S. workers willing and available to fill the offered job position. Upon the approval of the Labor Certification Application, an application may then be filed with the U.S. Citizenship and Immigration Services for the processing of the employment based Immigrant Visa.

The applications are submitted to regional immigration service centers in the United States; North (Nebraska), South (Texas), East (Vermont) and West (California), which process the visa petitions. Once approval is obtained, the applicant has two options: immigration within the United States or immigration through consular processing.

The U.S. Citizenship and Immigration Service, a division of the U.S. Department of Homeland Security, handles applications for green cards, or lawful permanent resident status, within the United States. Consular processing is available for immigrants who are not physically inside the United States. United States consuls abroad also handle non-immigrant visa interviews based upon a petition normally approved within the United States by the Citizenship and Immigration Service, if the person is outside the United States or cannot change his status within the United States.

Other routes to a green card may include political asylum, which normally would not pertain to many countries, and relief available through the immigration court, such as cancellation of removal.