Flagstaff, AZ asked in Immigration Law for Arizona

Q: The USCIS has neither approved nor denied the green card since I filed through my wife. Can I be able to change to EB2?

We have been Married for 8 years. I'm exhausted from waiting. I have the qualifications to apply for the EB2. Can i be able to do that?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, you can pursue an employment-based green card, such as the EB2, independently of your family-based application. If you believe you qualify for the EB2 category, you can start the process which typically begins with obtaining a Labor Certification through the PERM process, followed by filing the I-140, Immigrant Petition for Alien Worker. It's worth noting that each green card category has its processing timeline, and the EB2 process also requires time and employer sponsorship.

Switching tracks doesn't guarantee a faster outcome, but it might provide an alternative path. Importantly, even if you proceed with an EB2 application, you do not have to withdraw or abandon the family-based application. Pursuing multiple paths can sometimes be beneficial, but each case is unique. Before making any decisions, consult with an immigration attorney to assess the best strategies for your specific situation.

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