Legal Question in Immigration Law in California

Immigration

My wife and I have a kid born in the USA, I have being living undocumented in this country since 1992, I attained a degree from the University of California at Santa Cruz. even though i entered this country legally I obviously I am not legal anymore. I am a certified court interpreter, there are only about 800 or 1000 interpreters in the state of California, and the need for interpreters is rather severe. I have recieved and employment offer from the superior court of santa clara county to work as a court interpreter. could this situation help me classified for immigration. Keep in mind that the county along with some judges can recommend me.

thanks


Asked on 5/23/09, 11:36 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Immigration

You might qualify under section 245(i) of the Immigration and Nationality Act if you had an immigrant petition or labor certification filed for you directly or if you are a derivative of someone who had one filed before 4/30/01 (and were present in the U.S. on 12/20/00). The employer should understand that there might be employer liability for hiring you if you remain on the job while the case is pending and you'd need to know that you could be put in removal proceedings were you to apply. The likelihood of that is rather remote at this time (which could change), though it remains a possibility. And there are some strategies to decrease the likelihood of a problem.

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

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Answered on 5/25/09, 12:29 am
Ellaine Loreto Law Offices of Ellaine Loreto

Re: Immigration

There may be some options for you to remain in the U.S., for example through a green card petition by an employer or immediate relative (example: USC or LPR spouse), if you filed another immigrant petition before April 30, 2001, and were physically present in the U.S. Dec. 21, 2000. Having this previous petition could allow you to get a green card even if you have unlawful presence or have overstayed.

To discuss your specific case further, kindly email me directly at [email protected].

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.

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Answered on 5/26/09, 3:31 pm


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