Q: Now that my application has been filed with the government, what is the next step?
A: Once you receive the filing receipt from the government via mail and via email in about one month, you can enter that receipt number in the government website to check current processing times for your type of case. Here is the website. www.uscis.gov
Q: Who would qualify as close family relationships for family petitions?
A: Spouses, children over 21, parents, and siblings, not aunts, uncles and cousins.
Q: Which companies would qualify to sponsor a non-citizen?
A: Companies whose principals are willing to sign applications or petitions with the government (Department of Labor or USCIS) and who can prove that their financials are sufficient to pay the non-citizens salary once the process is completed.
Q: Will there be any additional legal fees now that my application has been filed?
A: You likely have a flat fee retainer agreement which generally covers this part of the case. Any additional costs such as mailing, copy, scanning, paralegal costs will be billed to you and they would be payable upon receipt of the bill.
Q: What comes next now that I have become a lawful permanent resident of the United States?
A: By law you must carry your ‘‘green card” with you at all times. You are required to pay tax on worldwide income as a US tax resident. You may file for citizenship of the US 57 months from the date of adjustment to permanent residence and once you become a US citizen you may vote. Please keep your address updated with the government and also with our office. Your original documents and a copy of your file have been provided to you, and you should keep these documents until you apply for and are approved for citizenship.
Q: I came to the United States with no documents with the exception of a passport which is now expired. May I file for a work permit and Social Security number so that I can obtain additional documentation including a driver’s license?
A: In most cases, in order to obtain a US work permit and Social Security number, an application must first be filed with the government (USCIS) based on a close family relationship, a business relationship, or a political asylum application. An immigration lawyer would need additional information about your case to see whether you will fit in one of the categories mentioned.
Q: When can I file adjustment of status following the approval of my PERM labor certification?
A: You should check the US visa bulletin at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html which will refer you to the USCIS adjustment of status page which is at https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56.
If the priority date (filing date) of your PERM application is current or filed before the date mentioned in the above documents you should be able to file a contemporaneous filing of adjustment of status.
Q: How long after my citizenship interview should I wait for a decision?
A: If it is not immediate, 120 days.
Q: How will JFK Airport in New York review the cases of LPRs who have remained outside of the United States for more than 6 months and may not be able to reenter the United States for a year due to the COVID-19 crisis?
A: CONCERNING Officers will be advised to exercise discretion in these cases and the
local office will be reasonable in reviewing these requests. Individuals with
expired re-entry permits will be treated similarly.
Q: What do I need if I am a U.S. Citizen or Lawful permanent Resident and wish to file for my spouse, child or parent who lives abroad?
A: Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States;
A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS);
A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
A copy of your unexpired U.S. passport;
An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
Evidence of family relationship with one of the following (see form instructions at www.uscis.gov for more detailed guidance):
Spouse: A copy of your marriage certificate
Evidence you or your spouse terminated any prior marriages (if applicable)
Child: A copy of your child’s birth certificate(s).
Parent: A copy of your birth certificate.
Brother/Sister: A copy of the birth certificate for you and your sibling.
Evidence of the bona fides of the marriage, if petitioning for a spouse:
Documentation showing joint ownership of property;
A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
Documentation showing that you and your spouse have combined your financial resources;
Birth certificates of children born to you and your spouse together;
Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
Any other relevant documentation to establish that there is an ongoing marital union.
Proof of legal name change (if applicable); and
Two passport-style photographs (if applicable).