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Sophie May M.
Dec 1, 2021
Employment-Based Green Card Requirement
Hi. Have anyone had an experience applying for employment-based GC without maintaining legal status during your whole stay in the US? It’s been 5.5 month after my visa expired and I changed my category to c8. Would I qualify for employment-based GC?
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Lilo PelekaiDec 1, 2021
Sofie, Employment-based GC only applies if your US employer sponsors you for it. so, no. if you're C8 now, you're going to wait to be granted asylum first and then a year later, file for the GC. asylum is a very long process, though. so, keep that in mind. 🙂 also, before you ask, no, you can't apply for adjustment of status to GC while your asylum case is pending, unless a US/permanent resident spouse/family member or employer sponsors you, which would be a different case from the pending asylum. 🙂
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Sophie May M.Dec 1, 2021
thank you, Lilo. My employer is willing to apply for me. I’m waiting for my attorney to call me to discuss options but was wondering if anyone had similar experience. I know that asylum is long process - I applied in 2016 and haven’t had an interview yet🥲
Lilo PelekaiDec 1, 2021
Sofie - you're welcome. 🤗 yes, I'm in the same boat. I applied in early 2017, and still waiting for that interview. 😂 then in 2018 cases like yours and mine got screwed when USCIS decided to process cases from newly received first, pushing us even further back. 🤦‍♀️ ok, your lawyer should give you better answers, especially if your employer is willing to sponsor you. 🙂

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