Legal Question in Immigration Law in California

Hello:

Since you are only 18, you can still 'ride' the immigration petition of your parents. They should get started right away on a PERM (or advanced PERM) if they have a Master's or higher. I would need to know if they are under 245(i) and had any other petitions filed before.

Also, at 18 years and 6 months you will become subject to the 3 year bar and at 19 years old you become subject to the 10 year bar. You will want to consider leaving before that time.

Regards,

Brian D. Lerner

Attorney at Law

Because you and your parents have been out of status (living illegally) in USA since 2001 or 2002 (for the past 7-8 years), they are not eligible for PERM/employment-based green cards.

If your uncle is a US citizen, had he ever petitioned for his brother or sister (your parent)? If he did so, when was the I-130 petition filed?

Only if it was filed prior to April 30, 2001, your family might have a chance of adjusting status through your uncle (assuming that you will not marry or age-out).

Because your status is illegal, you can't get a student visa or a student loan. Only a USA citizen or lawful permanent resident can apply for a student loan.

Your parents should definitely consult a qualified immigration attorney BEFORE deciding what to do.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

The above two answers seem to conflict with each other but the reality is between them. One can always file a PERM labor certification, however, the extent to which it is useful depends on whether you and your principal parent are in legal status in order to actualize adjustment of status. If you are not, then in order to still adjust status, a petition or labor certification would have had to have been filed on your behalf or that of one of your parents before 4/30/2001 - that's 245i qualification. Knowing this will determine the practicality of whether a PERM application is worth it or not under today's law. Your father will also need to consider whether by applying even if it would not able you to adjust status, if he would perhaps be able to qualify for status if the law changes. No one knows the answer to this, however under 245i, those who applied before a certain date were covered. Presumably the government would permit opportunity to apply to take advantage of a future extension of 245i, but there is no guarantee. He could lose opportunity by not applying even though he could not adjust status now with such an application. Also weighed into the decision to apply are two more aspects: 1. he should NOT work without authorization for a petitioning employer. To do so would invite investigation and initiation of removal proceedings potentially and the result of such would be devastating for your chances to be in the U.S. unless your dad is 2nd preference holding Master Degree or equivalent required position. The employer for the PERM should be a future employer; and 2. If it's not possible to complete adjustment of status by your 21st birthday (or qualify to continue the case after you turn 21 under CSPA), then you could age out and not be able to benefit even if your parents can.

For more information, you can contact me offline at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter

Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization