Asylee and greencard

S

sipc

New Member
Hi, Guys,
I am just a newer. I like this forum very much.

My timeline:
File I589: 07/2003
Interview: 08/2003
Approved: 09/2003

I learned that I can apply for greencard the next year. But ir is said the procedure is time consuming. Maybe it will cost 14 years. Jesus. Perhaps I died already. So, I want to apply green card based on employment. I was told it is no necessary to get labor certificate and Hvisa. Does anyone have this kind of experience. I am wondering whether there is any special requirement for us. Any suggestion will be appreciate.
 
First of all, H visas are absolutely unrelated to employment-based immigration. They just allow an otherwise ineligible person to work here for a specific period of time for a specific employer.

You will need a labor certificate to start the process. The process will take a number of years, cost several thousand dollars in legal fees and could limit your options while it is pending.

Before you start, you should review your immigration history to make sure that you can receive your green card at the end of the process.
 
Thanks a lot.

I am confused. The problem is why I must get labor certificate? Asylee already got work authorization, is that correct? Would you please tell me how long will the process take. I mean usually. In my opinion, someone get it in one or two years. I am qualified to apply for adjustment of status. How about I applied greencard based on employment at the same time? Does that help or not? Appreciate your kind help.
 
A labor certificate does NOT allow people to work. It is the issued by the Labor Department and it certifies that your employer has tried and failed to find an American for the job and as a result have to hire you.

Why are you so sure that you can apply for adjustment of status?
 
Because

Because the asylum approvel letter says "you may apply for lawful permanent resident status under section 209(b) of the INA afetr you have been physically present in the United States for a period of one year after the date you were granted asylum status." I was also told by BCIS that "aliens who have been granted asylum are authorized to work in the United States whether or not they have obtained an employment Authorization dOCUMENT."
 
I think you are confused about the two separate routes to adjustment of status. Of course you can apply for adjustment of status as an asylee. The requirements are relatively lenient. The process is governed by section 209(b) of the law.

However, if you want to obtain a green card based on employment, you apply under section 245(a) of the law. To take advantage of that process, you will have to meet several demanding requirements. To name a few, you must have entered throught a port of entry (that is, not sneaked in). And you cannot have committed immigration fraud during that entry (a lot of asylum seekers enter the USA on a fake passport or they obtained a visa from an American embassy by concealing their asylum intent, which is also considered fraud).

For this reason, you need to check your immigration history before starting the EB immigration process.
 
Employment authorization and labor certificate are also different.

Again, a labor certificate does NOT allow people to work. It is the issued by the Labor Department and it certifies that your employer has tried and failed to find an American for the job and as a result have to hire you.
 
Originally posted by Gilbert
(a lot of asylum seekers enter the USA on a fake passport or they obtained a visa from an American embassy by concealing their asylum intent, which is also considered fraud).
Click to expand...

Gilbert,

Do they ask in the visa application forms if the applicant intends to apply asylum in the US?
 
I do not think so.

However, in the past year, some officers in Lincoln have alleged visa fraud when someone obtained a tourist visa and applied for asylum soon after arrival. When you apply for a tourist visa, you assure the US that you would be going home at the end of your visit. When you come and apply for asylum so soon, according to some CIS officers, you never had the intention of being a tourist. So you lied to obtain the visa.

After making the allegation, they will approve the I-602 form very liberally allowing adjustment (pretty insane use of their time).

This is a new development in the asylee adjustment process.



Originally posted by JackIsBack
Gilbert,

Do they ask in the visa application forms if the applicant intends to apply asylum in the US?
Click to expand...
 
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