Deleted user
posted 9 months ago
Can Asylum visa employee get green-card from their employer if employer sponsor?
So let's say, Asylum petition was granted and hired by employer, so now if asylum employee wants to get green-card, how can he/she do that? let's say, employer is ready to sponsor asylum employee then how does the process looks like? How long does it take? Any suggestions are welcome! Please have a look into this question!
Country
  • United States
Fields:
  • Immigration Law
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kam_singh0.kn
Deleted user
Lawyer
posted 8 months ago
Hello, Sorry for the late reply was on holiday. An employer may sponsor a pending asylee for a green card via PERM ( Program Electronic Review Management. If the asylee filed for asylum while in status. The employer can proceed as long as the asylee filed while they were in status for asylum and the asylee maintained lawful presence until it is permitted to file for the adjustment. To complete the PERM process an employer is required to: 1. Submit a request for a Prevailing Wage Determination to the Department of Labor 2. Advertise and run a recruitment campaign as specified by PERM regulations 3. File a PERM with with the department of Labor for certification To be eligible for a green card as an asylee, you must meet the following requirements: 1. You properly file Form I-485, Application to Register Permanent Residence or Adjust Status; 2. You are physically present in the United States at the time you file your Form I-485; 3. You have been physically present in the United States for at least one year after being granted asylum. Unfortunately there is no actual set timeline for processing. This is due to various reasons, such as which USCIS office is handing your case and how buy that office is. From my experience this is usually 6 - 8 months and at rare times can take over a year. Also keep in mind that you do not necessarily need to be sponsored by your employer to obtain a green card. You can apply by yourself if you have been physically present in the United States for more than a year after having been granted asylum. Hope this helps, Regards, Kam Singh, ESQ The Triumph Law 647-409-4518