I started the Green Card process about two years ago, and it’s still ongoing.
This process is extensive, to say the least, and really makes you think about immigration in general. It’s unbelievable how much of your life you put on hold to get permanent residency, but the most shocking part is, I am doing it the fast and easy way.

Getting Started

After I obtained my Ph.D. in December 2021, I knew it was the time to start looking into applying for a Green Card. I knew there was a route for people holding Advanced Degrees that didn’t require the sponsorship of a company or employer (National Interest Waiver or NIW).

I admit I could have started the process sooner in 2022 and simply didn’t because I was processing my OPT and subsequently my STEM OPT. For those who don’t know, these are temporary work authorizations given to international students after graduation. My attorneys told me it’s possible to file a GC application while filing an OPT application but not simple. The issue is that, when you file for a temporary work authorization, you have ‘non-immigrant intent,’ whereas filing for a GC obviously has ‘immigrant intent.’ I believe attorneys have ways of reconciling the two for the USCIS.

I googled immigration law firms and found the North America Immigration Law Group. They had really good reviews on Google and a high success rate. They were really kind and helpful throughout the whole process, for which I am really thankful and glad I selected them.

The Petition Step (I-140 Form)

For this step, you need to prove the following points:

• The applicant is a member of the professions holding an advanced degree;
• The applicant’s proposed endeavor has both substantial merit and national importance;
• The applicant is well-positioned to advance the proposed endeavor; and
• On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

In other words, you ought to prove you are useful to the country.

Do I Need to Hire an Attorney for My Petition?

While I think I would have been capable of putting together the application myself, I believe that hiring an attorney is worth every penny.

First, they have a lot of experience in making a case convincing. I would definitely not think of so many details as they did.

For example, although my research is not directly related to any disease, they asked me to make connections to diseases to show their potential value for treatment. They also mentioned the number of people in the U.S. suffering from those diseases. For my academic record, they made a high emphasis on my publications, the number of people that read and cite these journals, and their impact factor. They also mentioned the percentile of my publications based on citations and other metrics. They also used the word “Biotechnology” a lot throughout the letter, as this is a “critical and emerging technology.”

Additionally, they mentioned the context in which my work was cited by others. For example:

“Jain et al. of the University of Vienna in Austria cited Dr. Quinones-Valdez’s research three times in their review article entitled “The Editor’s I on Disease Development” (Trends in Genetics, 2019). This group highlighted his discovery that TDP-43 enhances ADAR1 expression as an important development in biotechnology research. As review articles concisely summarize the most notable recent advances in a given area of scientific inquiry, the authors’ inclusion of Dr. Quinones-Valdez’s research in their review is a sign of its value to the field.”

Secondly, they know the USCIS very well. From their experience, they know what kinds of applications are accepted and what kinds are rejected. For example, based on the strength of your case, they may request more or fewer recommendation letters. Also, small details that would have never crossed my mind, like signing forms on physical paper with a pen, are preferred by the USCIS.

The attorneys also draft the recommendation letters, and the recommenders only need to sign. The way they write the letters highly emphasizes my contribution to the recommenders’ research.

In the petition letter, they cite many law articles and directly address them with evidence. I really doubt anyone without a law degree would write a petition this way.

Can Anyone with a Ph.D. Apply Through This Route?

Luckily for me, STEM majors are highly preferred for this process. There is a list of “Critical and Emerging Technologies” that are fields with high priority for this step. The list includes areas such as Biotechnology, Artificial Intelligence, various engineering disciplines, and fields related to energy production.

Not to look down on other fields, but it’s just simpler and more straightforward to justify usefulness with a STEM degree. This is not merely an opinion but has been nationally recognized by the U.S. government as this country trails behind India and China in many technology-related fields. The approval rate for applicants in STEM fields is around 95%, while the approval rate for non-STEM applicants is around 65% and decreasing over the years.

The Uncertainty of Processing Times

It took me around two months to prepare the petition letter with the lawyers, gather the evidence, and obtain the letters of recommendation. I know this sounds like a long time, but most of the time was waiting for the letters and reviewing the forms.

The date you submit the petition form (or Form I-140) is your “Priority Date” or your place in line. You cannot file the second step (adjustment of status) until the Visa Bulletin reaches your date. As an example, my priority date was May 9, 2023, and, at that time, the date on the Visa Bulletin for my visa category was around November 2022.

My petition was approved around September 2023, and from that point, I have been patiently waiting for my Priority Date to be current in the Visa Bulletin. Unbeknownst to me, 2022 had a record number of applicants, so the PDs were not moving or moving very slowly. In May 2024, a year after my PD, it was still not my turn to submit the second step. During the summer of 2024, I started to feel anxious about the slow progress. My concern was based on the fact that my STEM OPT (my work authorization) expires on January 2, 2025. This means that, with my student visa long expired, I can only legally work until that date. After January 2, I have a grace period of 60 days to pack my stuff and leave the country.

The dilemma is that, if my PD is not current before January 2 + 60 days, I have to return to my country without submitting the adjustment of status. I would have to come back to the U.S. with a new visa, wait 2 or 3 months, and apply then. Alternatively, I would have to file the AOS step from Bolivia. Although it’s not the end of the world, these circumstances represent a significant disruption from work and leave my girlfriend and pet for an undetermined amount of time. Month after month, I checked the bulletin, and the dates were not moving. I started to fear that I would have to continue the process from home. I even considered getting married to my American girlfriend and obtaining the GC that way.

Finally, in October 2024, there was an abrupt movement on the Visa Bulletin, and I was finally able to send my forms. I never felt such a strong relief that I could continue my life as usual in the U.S. and legally stay until my GC is approved.

Do I Need an Attorney for the Adjustment of Status?

The adjustment of status is much simpler. At this stage, you don’t need to convince the USCIS of anything and only need to provide your personal information and copies of your documents: passport, visa stamp, I-20s, I-94, EAD, OPTs, employment verification, degree completion, and others.

This time, I am convinced anyone can file the AOS form without the help of an attorney. The only thing they can really help you with is writing a nice cover letter and checking that all your evidence is correct.

I decided to retain the attorneys anyway just to be extremely safe.

Why Not Just Get Married?

I am lucky enough that that was a choice for me, and I was willing to do it if necessary. Of course, getting married to get a Green Card is not the most ideal for any couple. Let’s just say that I need the residency a lot sooner than I want to get married.

A marriage GC is definitely the easiest route, but it’s also not as straightforward as people imagine. You have to present evidence of dating for at least two months, get the marriage certificate, and only then do you get a temporary GC that you need to renew after two years.

Image generated by ChatGPT

What now? current status

Today, January 22nd, my STEM OPT has already expired. I can’t legally work anymore, so I was put on unpaid leave by the University. I can, however, stay legally in this country as I have submitted my Adjustment of Status (AOS). Together with the AOS, I also filed Forms I-131 and I-765. These forms are travel and employment authorizations respectively.

I was able to have my I-765 form (employment authorization) expedited and just yesterday, I had my aplpication approved. The USCIS will expediate your form if you demonstrate that you are under ‘severe financial stress’. Clearly, being unemployed fits this criteria.