kondur_007
07-21 08:59 PM
Your Lawyer is correct:
As you left your employer in less than 180days from filing 485, you can not invoke AC21.
The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.
Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).
Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).
Good Luck.
As you left your employer in less than 180days from filing 485, you can not invoke AC21.
The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.
Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).
Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).
Good Luck.
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redddiv
07-16 08:57 PM
i think its possible, but i guess you will still need to get a good attorneys advice on this one.
i am no bodys agent, my advice is only what i would have done if i were in your position.
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
i am no bodys agent, my advice is only what i would have done if i were in your position.
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
sanju
02-03 04:37 PM
Thanks, this is me, I am asr. member, I just have been away for a while due to work
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
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sledge_hammer
06-29 12:43 PM
^^^^
more...
shana04
02-01 06:09 AM
There is a seperate thread on this. Look it up.
can some one point to the right thread. Thanks in advance
can some one point to the right thread. Thanks in advance
pappu
08-13 10:20 AM
Thanks Pappu for your reply.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.
more...
freedom1
01-19 04:19 PM
Hi to all,
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
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wandmaker
10-22 10:07 PM
Hello,
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Everyone knows the fact
B.Sc != US Bachelors or Even B.E
B.Sc + MCA / any non professional master degree != US Masters or Even M.E
For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Everyone knows the fact
B.Sc != US Bachelors or Even B.E
B.Sc + MCA / any non professional master degree != US Masters or Even M.E
For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.
more...
sivasiva
09-05 09:47 AM
just called USCIS and reached level 2 customer support. she still could not find my 485 information. She send a request to NSC to look for my application. and ask me to ask them after 45 days if I still not hear anything from NSC.
Dont worry. You will get it soon. .Same thing happened to me. Applied I-485 on July 2nd, EAD/AP in 2nd week of August. Got receipts for EAD/AP from NEC on Aug 29, checks cleared today for I-485 from TSC.
So Dont worry.. You should get it.
Dont worry. You will get it soon. .Same thing happened to me. Applied I-485 on July 2nd, EAD/AP in 2nd week of August. Got receipts for EAD/AP from NEC on Aug 29, checks cleared today for I-485 from TSC.
So Dont worry.. You should get it.
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DDash
08-06 04:36 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
more...
EndlessWait
01-23 01:26 PM
Still waiting.. there processing time says July still.
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paritp
03-03 07:51 PM
hi all,
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
more...
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veni001
01-18 11:24 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Chehuan,
Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Chehuan,
Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(
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xgoogle
06-24 08:47 AM
You are saying I can leave the job and still be able to renew her EAD and AP every yr ? Also her I-485 will still be valid ?
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rcauvery
10-02 10:50 AM
We just applied for a student loan and got approved. Here are a few things we found out during the course of applying for the loan.
The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.
If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.
You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]
PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/
Hope this helps and good luck with school.
The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.
If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.
You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]
PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/
Hope this helps and good luck with school.
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mambarg
09-26 12:41 PM
If you see data.
Approvals started happening only in JUNE, JULY, AUG, SEP.
So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
But only those current in Oct will get VISA number assigned.
Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.
Things have definitely changed for better at USCIS due to fiasco.
Approvals started happening only in JUNE, JULY, AUG, SEP.
So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
But only those current in Oct will get VISA number assigned.
Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.
Things have definitely changed for better at USCIS due to fiasco.
more...
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mpadapa
01-21 12:57 PM
Caliber, sorry to miss U'r presence. Hope you R actively working on the letter campaign
Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.
Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.
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nivasch
11-22 05:27 PM
Arnet
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
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dc2007
07-31 08:17 PM
I am in the same boat.
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
morpis
06-25 12:34 PM
Hello all,
I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.
Pl help. Can I go ahead and apply for my 485?
Also, would you know anything about copies of affidavits?
Pl reply. I am in serious bind.
Thanks.
I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.
Pl help. Can I go ahead and apply for my 485?
Also, would you know anything about copies of affidavits?
Pl reply. I am in serious bind.
Thanks.
Jaime
09-05 04:58 PM
Unless of course you are an illegal maid from El Salvador, in which case you can apply for your green card in person at any USCIS window by 9 am, and pick up your green card by 4 pm the same day. You have the option of premium processing, where if you pay $5 extra, you get along with your green card a U.S. passport, voters regsitration card, perpetual drivers license and a pack of "Hershey's Kisses" (or an actual kiss from the USCIS officer, your choice)
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