The NIW is a U.S. immigration process that allows certain foreign nationals to apply for a green card (permanent residency) without needing employer sponsorship or a Labor Certification if they can demonstrate their work benefits the U.S. significantly.
Typically, professionals with exceptional expertise in their respective fields and whose work benefits the U.S. can apply. Each case is unique, and eligibility is determined based on the value of the applicant's contributions.
The duration can vary depending on the specifics of the case and current processing times. It can range from several months to a couple of years.
AOS is the process by which an eligible individual in the U.S. can apply for permanent residency without having to return to their home country for consular processing.
It's possible with Advance Parole. Traveling without it can jeopardize your AOS application.
AOS processing times can vary, but it generally takes several months. The exact time will depend on the service center, any background checks, and other factors.
While the primary beneficiary of an NIW petition is the applicant, their spouse and children under 21 can apply for green cards as derivatives based on the approval of the primary beneficiary's application.
Once the I-140 (NIW) is approved, each family member, including the primary beneficiary, must file a separate I-485 form. This form is the application for AOS.
Depending on the specifics of the situation, the Child Status Protection Act (CSPA) might offer protections that prevent a child from "aging out." It's crucial to discuss specifics with a knowledgeable advisor.
Yes, upon filing an I-485, your spouse can also file an I-765 for an Employment Authorization Document (EAD), which will allow them to work in the U.S. while the AOS is pending.