QUESTION
I'm wondering how I can upgrade to citizenship/residency after I get my work permit?
Asked on Aug 12th, 2012 on Immigration - California
8 ANSWERS
On what basis did you get your work permit.
Answered on Sep 07th, 2012 at 2:28 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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What status are you in now? Do you have any relatives or an employer who will petition for you?
Answered on Aug 16th, 2012 at 1:45 PM
Thomas J. Rosser
When you are in your final year of college studies you will want to consider interviewing and getting an initial employment position in your field of specialization with a company that would be willing to hire you for the first year after graduation under "Optional Practical Training/OPT". You coordinate this process carefully with the Designated School Official (DSO) at your college so that your OPT opportunity is properly registered through your DSO through SEVIS with the Department of Homeland Security/ICE within 90 days prior to your graduation date (and which the DSO will reflect on your I-20 form at the appropriate time). Once you are hired and in place with the employer for your first year of work (which includes the issuance of an I-765 Employment Authorization Document/EAD for the year of OPT) you will want to consult with an experienced immigration attorney about having your company sponsor you for an H-1B non-immigrant visa once your OPT is complete. The H-1B non-immigrant visa classification is the ideal "platform" for eventually having the employer sponsor you for an employment-based adjustment of status process leading to an I-551 "green card" and permanent residence in the US. This is a complicated and lengthy process which includes, among other considerations, the successful completion of a labor certification through the US Department of Labor as the first step toward such a "green card". Citizenship through a naturalization process is a further step once you have been in "green card" status as a lawful permanent resident for a minimum of five (5) years. Let us know if we can be of professional help to you and/or your potential employer as you move forward under such a time line...
Answered on Aug 16th, 2012 at 1:45 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It depends on whether you are in status now or not. If not, you should see if you qualify for deferred adjudication. *Dream Act - Deferred Action* As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation / removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals: 1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2. There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion. 3. If your DREAM Act Deferred Action is denied, there is always the risk that you will be placed into Removal Proceedings. However, the option for you to submit the Request for Prosecutorial Discretion is also open. If you are in status as an F-1 Student, you could apply for the H-1B. *H-1B Specialty Occupation Visa* You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B's and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment.
Answered on Aug 16th, 2012 at 1:45 PM
Bruce A. Coane
If it's under the new deferred action "amnesty" program, there is no method to do that. On the other hand, there may be other ways you can apply for permanent residence.
Answered on Aug 16th, 2012 at 1:44 PM
Immigration and Nationality Attorney serving Miami, FL
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CruzLaw PA
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There is not enough information to answer your question. Your best bet is to see an immigration lawyer to assess your case. Contact us to see how we can help you!
Answered on Aug 16th, 2012 at 1:44 PM
Rebecca T White
If you are referring to the new deferred action program, it does not lead to a greencard or US citizenship at this time. If I can be of further assistance please let me know.
Answered on Aug 16th, 2012 at 1:44 PM
If you're referring to the new Deferred Action program there is not a provision to become a permanent resident/citizen based on this program alone. You will need to find a family, spouse or employer sponsor in order to become a permanent resident.
Answered on Aug 15th, 2012 at 3:19 PM