GAMA is conducting a series of Free Immigration Clinics for the benefit of GAMA members.
These immigration Clinics will be provided FREE of charge by George R. Willy, P.C. an
Immigration Law Firm based in Midtown, Atlanta.
Please visit www.grwpc.com for a profile of the firm.
The first free immigration clinic was held on October 1, 2005 (Saturday) 4:30 P.M. to 6:30 P.M at
Ormandy Inc, 5950 Live Oak Pky NW, Norcross, GA 30093.
The topic was Naturalization
Frequently Asked Immigration Questions
The following questions and answers are based on questions posed by members of GAMA and answers
provided by George R. Willy, P.C. The information provided here is of a general nature and
should not be construed as legal advice or substituted for legal counsel.
Labor Certification:
Q: What is PERM?
A: PERM "Program Electronic Review Management" is the new labor certification system that
will allow employers to file labor certification petitions online. The new PERM program
became effective on March 28, 2005.
Q: How much faster will the new system be compared to the current processing times?
Will the green card processing be faster through PERM?
A: The DOL anticipates dramatically faster adjudication for most petitioners due to the combination
of pre-filing recruitment, using an automated system for processing applications (even for applications
submitted by mail) and the elimination of the SESA’s previous role in the process. DOL has advised that
most cases should be approved within 45 to 60 days.
Yes, the green card processing in a way will be faster than the earlier system due the reduced
timeframe in getting a Labor Certification Approval.
Green Card (Permanent Residency):
Q: I came to the US on a H-1B Visa and would like to obtain a Green Card. How do I get a Green Card?
A:The Green Card (Alien Registration Receipt Card) is obtained upon the approval of the immigrant visa or the adjustment of status. This Permanent Residency can be obtained through on of the following ways:
Family Sponsorship
Green Card Lottery (Diversity Lottery – not available to India)
Asylum/Refugee
Employment Based Green Card:
Labor Certification - through employer in the U.S.;
National Interest Waiver ;
Other special category - persons of Extraordinary Ability, Schedule A occupations, etc.
The various stages in an employment based Green Card process are as follows:
Labor Certification
Labor Certification (LC) is the first stage in almost all employment-based permanent residency cases. The goal of the LC process is to determine that there are insufficient U.S. workers in the local area warrants the hiring of a foreign worker for the position. The local labor market is tested via advertising and other competitive recruitment. Then the LC Application is filed through PERM.
I-140 Petition
The next stage in an employment based Green Card process is to file an I-140 petition with a Service Center of the Citizenship and Immigration Services (CIS). This is done to ensure that the petitioner can pay the prevailing wage and to allow CIS to review the determination of the Department of Labor (DOL)
Adjustment of Status (I-485), Employment Authorization (I-765) and Advance Parole (I-131)
The final stage of the green card process, whether employment-based, family-based, asylum, lottery, etc., is through either Adjustment of Status or Consular Processing. Adjustment of Status is available only to persons present in the U.S. and is processed through CIS. CP involves an interview at a consulate abroad and is processed through the U.S. Department of State (DOS).
One can file for Employment Authorization and Advance Parole Travel Permission along with Adjustment of Status application. Further, the eligibility to file for Adjustment of Status, Work Authorization and Travel Permit will depend on whether the beneficiary maintained his/her status, retrogression (determined by country of origin) and 245(i) eligibility (where necessary).
Q: I am on a Permanent Residency (PR) Status. How long can I stay outside the U.S. without affecting my Permanent Residency status?
A: A GC holder has to spend at least 6 months a year in the U.S. to maintain PR status.
If one just makes a once-a-year or once-every-6-months visit to the U.S., it may appear over time
that the person is spending more time abroad than in the U.S. and is living and working abroad,
it may appear that the person abandoned the LPR status and could be at risk of losing the LPR status.
If the person plans on an extended stay outside the U.S., it is recommended that before leaving the U.S., he or she apply, for a reentry permit valid for a maximum period of 2 years. Such a permit would facilitate reentry to the U.S. and could resolve the issue of abandonment of LPR status.
L-1 Visa:
Q: I am on an L-1visa. What I have to do to transfer my L-1 visa?
A: The L-1 visa is for an intra-company transferee. The intra-company transferee is a person who worked for a company abroad in an executive, managerial, or "specialized- knowledge" capacity (INS has a specific definition for each of these terms) for at least one year within the three years prior to coming to the U.S. and is coming to the U.S. to work for a related (parent, subsidiary, affiliate, or branch) company in one of those three types of positions. It is NOT possible to transfer an L-1 visa since there is no qualifying relationship to the foreign corporation (or the U.S. corporation).
Q: I am on an L-1 visa and my wife is on L-2 (dependent visa) status. Can she get a work permit based on her L-2 status? Are there restrictions on the type of work she can do?
A: A person in L-2 status may apply for the Employment Authorization Card (EAD) from an INS Service Center. Unlike the person on the L-1 Status there are no restrictions on the type of work or where an L-2 can work.
Marriage Based:
Q: I am US citizen married from India. How can I bring my spouse to the U.S.?
A: There are three options:
File an I-130 petition at a Service Center and process an immigrant visa at the U.S. consulate in India;
File a K-3 visa petition and process the K-3 visa at the U.S. consulate in India (this would get her to the U.S. sooner) then file for adjustment upon her arrival in the U.S.;
File an I-130 petition at a consulate in India and process an immigrant visa at the U.S. consulate in India (we do not recommend this as we have heard of unreasonable request and resulting delays).
Q: I am a Green Card (GC) holder. I am planning to get married soon. What is the best way to get my spouse to U.S.?
A: The processing time for the spouse of a permanent resident is over four years
Q: I am a US citizen. How long can I stay out of U.S.?
A: There is no restriction on how long a U.S. citizen can be outside the U.S.
Q: What is the status of the child born in U.S. to parents that are here in the U.S. on a H-1B Status?
A: The child is considered a U.S. Citizen by virtue of its birth here in the U.S.
