Solicitó una visa EB-1 en los EE. UU. y fue aprobada. ¿Qué pasa después?
April Perez • June 8, 2023
Click here to read this article in English
Si presenta una petición EB-1 basada en su habilidad extraordinaria en su campo y ha sido aprobada, ¿qué sucede después?
En primer lugar, ¡enhorabuena porque es una gran noticia!
Segundo, ahora necesita reunir algunos documentos e información para solicitar el ajuste de estatus.
La solicitud de Ajuste de estatus
es la solicitud de tarjeta verde en sí misma o la solicitud de residencia permanente legal que debe presentarse una vez que se haya aprobado su solicitud I-140 (EB-1). Se debe presentar una solicitud para usted, su cónyuge y cualquier hijo que presente la solicitud con usted en los EE. UU. Cada solicitud constará de varios formularios, incluido un formulario para la solicitud de tarjeta verde, el formulario para la solicitud de permiso de trabajo y la solicitud para formulario de documento de viaje, entre otros documentos, y, posiblemente, formularios adicionales según el país de origen. Cada solicitud tendrá una tarifa de presentación por separado para los formularios que se incluyen.
Algo importante a tener en cuenta es que, si actualmente tiene el estado de visa O o algún otro estado de no inmigrante en los EE. UU., una vez que presente la solicitud de tarjeta verde, ya no podrá viajar con su estado actual de visa de no inmigrante. Deberá esperar para recibir su permiso de trabajo/tarjeta de autorización de viaje para viajar mientras su solicitud de tarjeta verde está pendiente. Tampoco se recomienda que viaje con frecuencia mientras su solicitud de Ajuste de Estatus está pendiente.
Después de presentar la solicitud, recibirá un aviso de recibo por cada formulario que haya presentado. Posteriormente, recibirá un aviso de cita biométrica o de huellas dactilares en el que se le indicará la hora y el lugar en el que deberá presentarse para que le tomen las huellas dactilares. Se necesitan varios meses para que se emita un permiso de trabajo/autorización de viaje y, en algunos casos, se puede recibir la tarjeta de residencia permanente legal (tarjeta verde) y no se puede emitir un permiso de trabajo/tarjeta de autorización de viaje. En algunos casos, USCIS también puede programar una entrevista para el solicitante y sus familiares.
Una vez que la persona haya recibido su notificación de aprobación para la solicitud de Ajuste de Estatus, deberá esperar para recibir su Tarjeta de Residencia Permanente Legal (tarjeta verde). Es importante no cometer ningún delito ni realizar acciones que violen su estatus mientras su solicitud de Ajuste de estatus está pendiente e incluso después de que haya sido aprobada, para evitar poner en peligro su estatus en los EE. UU.
Si considera que puede calificar para una visa EB1, comuníquese con nuestra oficina.
Este blog no pretende constituir una asesoría legal y nada aquí debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de actuar sobre cualquier información que aquí lea.
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