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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11400
Experience:  Write FOR JAMES to get my help!
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I'm from the Philippines and a domestic worker on an A-3

Customer Question

Hello, I'm from the Philippines and a domestic worker on an A-3 visa. I want to leave my job because working conditions are not good. I work part-time for family doing the same thing (I also have nursing degree to give medicine). I want to apply for residency.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

Are you asking how to apply for a green card straight away?

Customer: replied 1 year ago.
but only if that is possible. If not, how long would it take?
Customer: replied 1 year ago.
If I cannot get permanent residency, how can I legally work for the other family doing the same work I am doing with A-3 visa?
Expert:  Expert James replied 1 year ago.

So this other family is a diplomat? You basically want to know how you can change your A-3 sponsor/employers?

Customer: replied 1 year ago.
No - the other family are civilians.
Expert:  Expert James replied 1 year ago.

So you would not be on A-3 anymore. You want to know how you can be a domestic worker for a regular family. What would you be doing for them? And how old are you?

Customer: replied 1 year ago.
I am 32. No, I want to be permanent resident. I would be giving medicine and taking care of domestic needs, same as with diplomats.
Expert:  Expert James replied 1 year ago.

OK, thank you very much. And sorry for the delay. It has been an extraordinarily busy day here.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

ANSWER: The only way to become a permanent resident through employment is to have an employer sponsor you for a green card based on employment. In the case of a domestic worker, you would be seeking an EB-3 category green card for a skilled/other worker: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

This requires a few steps, and take a lot of time:

Step 1: Employer files for PERM with the Department of Labor. This requires a lot of effort and steps of its own, so I highly recommend the employer gets an attorney to help the employer. PERM usually takes anywhere from 6 months to 1 year. This gets you a priority date.

Step 2: Once PERM is approved, the employer files form I-140, Petition for Alien Relative, on your behalf. This needs to be approved so that later, when your priority date comes current, you can apply for the green card.

Step 3: You submit form I-485, Application for Adjustment of Status to Permanent Resident, base don the approved I-140. Note that you cannot file the I-485 until your priority date is current.

As of December 2015, the USCIS is accepting I-485 applications for green cards which have priority dates of August 1, 2007. So you can judge that it will take about 8.5 years for a citizen of the Philippines in the EB-3 category to become eligible to apply for a green card through your employer.

The problem in your case is that there is no such thing as a visa status for a domestic worker that would allow you to remain in the US for this amount of time. So you may very will find yourself having to leave to go back to the Philippines during part of this long wait time before you can come back and get the employment based green card.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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