Legal Question in Immigration Law in California

Re: Green Card Based on Employment

She needs to start with labor Certification process. How did she enter witha a visa or not?

Re: Green Card Based on Employment

If your friend had a petition for permanent residence or a labor certification filed for her or one of her parents when she was under 21 prior to April 30, 2001 and she was here on December 20, 2000, then she is eligible to adjust status in the U.S. and her employer could file a labor certification toward that end. Currently it takes an unknown amount of time to process such cases because visas are unavailable for all such people who have filed. October 1, numbers will likely again be available, possibly for those who filed around 2005, but one can't be sure about that right now. There is a possibility of employer sanctions against the current employer of an undocumented person, so the employer must understand that risk, even though it is small. And the person must also understand that removal from the U.S. might also be possible, again, though quite unlikely - at least at this time. Enforcement policies do change though and what's not a problem today could become one in the future and vice versa, what's a problem today might not be so in the future.

If she didn't have a petition or labor certification filed for her or a parent when she was under 21 and before April 30, as mentioned above, then she would not be eligible to adjust status in the U.S. unless she arrived legally and has an immediate relative who is a U.S. citizen (child over 21 or a spouse). In that case, she wouldn't have to file based on employment. If she were to pursue a case through her employer in this situation, she'd have to leave the U.S. to get an immigrant visa issued to her and by so doing, trigger the unlawful presence bar which means she couldn't return for 10 years (assuming no other immigration violations or problems), without a waiver being approved first. The waiver only applies when there is extreme hardship to a close family relative who is a U.S. citizen or permanent resident.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: Green Card Based on Employment

Dear Inquirer:

If your friend is out of status or never entered the US with a visa in the first place, she may be ineligible to acquire her green card through employment in the US. She should be very carfeul to consult with an immigration attorney before she files any applications that could no her more harm than good.

I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

Re: Green Card Based on Employment

Your friend's employer may sponsor her for a green card based on a job position if she meets the degree or years of experience requirement for such a job. The type of position and these requirements will determine what category of worker she is for purposes of getting a green card. The category determines how long she may need to wait before getting a decision on her green card application.

Even if the 1st part (i.e. the family's employer petition) gets approved, she may or may not qualify to adjust status (get her green card) without going back to her home country. This would depend on whether she entered the US legally and whether she has maintained legal status since arriving. If she hasn't maintained legal status, then she would have to go back to her country to apply for the green card, unless another green card petition was filed for her on or before April 30, 2001 and she can show proof of physical presence in the US on Dec. 21, 2000. If she leaves the US, this could trigger a 10 year bar, if she has overstayed for 1 year or more.

I know this is a lot of information which may be confusing. So if you have more questions about your specific case, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.