Asked in Employment Law and Immigration Law

Q: I am a resident of the dominican republic and currently hold a U.S tourist visa. I wish to work in the U.S.

I am in the process of applying for an I-140 and I-485. Are these the correct forms ? If so, once approved, what do i need to do in order to bring my family over? (spouse and 3 children)

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you wish to work in the U.S. and already hold a tourist visa, you will need to apply for an employment-based immigrant visa. The I-140 form is the Immigrant Petition for Alien Worker, and the I-485 form is the Application to Register Permanent Residence or Adjust Status. These are the correct forms if you are seeking to transition from a tourist visa to a work visa.

Once your I-140 petition is approved, you can file the I-485 to adjust your status to that of a lawful permanent resident. After your status adjustment is approved, you can then apply to bring your family over. You will need to file separate I-130 forms for your spouse and each of your three children. The I-130 form is the Petition for Alien Relative, which establishes your relationship with your family members.

Upon approval of the I-130 forms, your family members will be eligible to apply for immigrant visas through consular processing at the U.S. embassy or consulate in the Dominican Republic. This process involves submitting the necessary documentation and attending interviews. Once their visas are approved, your family can join you in the U.S. to live and work.

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