Understanding the I-140 Approval in Employment-Based Green Card Process
If you’re navigating the employment-based green card process, an I-140 approval marks a significant milestone. Not only does it signify the U.S. government’s recognition of your petition for an immigrant worker visa, but it also casts a ripple of positive implications for your family.
Implications for Dependents
Who Qualifies as a Dependent?
When we talk about dependents in the context of U.S. immigration, we’re generally referring to the spouse and unmarried children under the age of 21 of the principal beneficiary. These family members can reap direct benefits from an I-140 approval.
Stability and Peace of Mind
With I-140 approval, dependents gain a sense of stability, knowing that they are one step closer to establishing permanent residency in the United States. This approval is a promise of sorts, cementing the principal applicant’s eligibility for an immigrant visa based on employment.
Path to Residency
Here’s what dependents need to know about their immigration benefits upon I-140 approval:
- Adjustment of Status: Dependents can apply to adjust their status to lawful permanent residents if they are already in the United States. This can be done concurrently with the principal applicant or after the I-140 approval.
- Consular Processing: For those outside the U.S., dependents can embark on consular processing. This involves attending an interview at a U.S. embassy or consulate in their home country upon visa availability.
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Work Authorization: Dependents may apply for a work permit, or Employment Authorization Document (EAD), allowing them to work legally in the U.S. while the green card application is pending.
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Continued Residency: If the principal applicant’s work permit is extended due to delays in the green card process, dependents are usually allowed to remain in the country and may also have their permits extended.
Essential Paperwork
Dependents must file the right paperwork to secure their status and benefits:
- Form I-485: This is the application used to register permanent residence or adjust status.
- Form I-765: Application for Employment Authorization, if seeking permission to work.
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Form I-131: Application for Travel Document, if travel is needed while the green card application is pending.
Anticipated Waiting Times
It’s crucial to understand that an I-140 approval does not grant an immediate green card. The wait time for an actual green card can vary, depending on the visa bulletin and the specific employment-based category of the principal applicant.
Visit the U.S. Citizenship and Immigration Services (USCIS) website or the Department of State’s Visa Bulletin for more information on processing times and priority dates.
Final Thoughts
Getting an I-140 approval is indeed a cause for celebration for the entire family, granting dependents’ immigration benefits that bring them closer to permanent residency in the United States. If you’re on this journey, remember that meticulous compliance with application procedures and staying abreast of policy changes will be key to successfully navigating the employment-based green card process.
For detailed and personalized guidance, consider reaching out to an immigration attorney or visit official resources like the USCIS for updates and steps specific to your case.
So there you have it, folks! The I-140 approval is not just an approval, it’s a gateway to a world of opportunities for the whole family. Dependents get stability, work permits, and a path to residency. But remember, patience is key! The actual green card might take a while. For more fascinating insights and guidance on the employment-based green card process, head over to visaverge.com. Happy exploring!
FAQ’s to know:
FAQ 1: Who qualifies as a dependent in the context of U.S. immigration and how do they benefit from an I-140 approval?
Answer: When we talk about dependents in U.S. immigration, they typically include the spouse and unmarried children under 21 of the principal beneficiary. An I-140 approval signifies that the principal applicant is eligible for an immigrant worker visa and brings positive implications for the family. Dependents gain stability and peace of mind, as they are one step closer to permanent residency. They can apply for adjustment of status, obtain work authorization, and continue their residency in the country. It’s important to note that dependents must file the appropriate paperwork, such as Form I-485 and Form I-765, to secure their status and benefits.
FAQ 2: What are the immigration benefits for dependents after an I-140 approval?
Answer: After an I-140 approval, dependents have several immigration benefits. They can apply for adjustment of status if they are already in the U.S., allowing them to become lawful permanent residents. Alternatively, if they are outside the U.S., they can undergo consular processing at a U.S. embassy or consulate in their home country. Dependents may also apply for a work permit (EAD) to legally work in the U.S. while their green card application is pending. If the principal applicant’s work permit is extended, dependents are usually allowed to remain in the country. To secure these benefits, dependents must file the necessary paperwork, such as Form I-485, Form I-765, and possibly Form I-131 for travel.
FAQ 3: How long does it take to receive a green card after an I-140 approval?
Answer: While an I-140 approval is a significant milestone in the employment-based green card process, it does not grant an immediate green card. The actual wait time for a green card can vary depending on factors like the visa bulletin and the specific employment-based category of the principal applicant. It’s important to stay updated on processing times and priority dates by visiting the U.S. Citizenship and Immigration Services (USCIS) website or the Department of State’s Visa Bulletin. These resources will provide more information on anticipated waiting times based on your circumstances.
What did you learn? Answer below to know:
- True or False: An I-140 approval in the employment-based green card process grants an immediate green card.
- What is the purpose of Form I-765 in the employment-based green card process?
a) Change of Address notification
b) Application for Travel Document
c) Application for Employment Authorization
d) Adjustment of Status application - Where can one find information on processing times and priority dates for the employment-based green card process?
a) U.S. Citizenship and Immigration Services (USCIS) website
b) Social Security Administration (SSA) website
c) Department of Labor (DOL) website
d) Internal Revenue Service (IRS) website
