Legal Question in Immigration Law in Wisconsin

Immigration Law

We have an employee who has been employed with us since 2004. He has employment authorization through 3/05/09. Since he came here, he has spent a lot of time and money petitioning and appealing for a visa. He just got another denial and doesn't know what else to do. He was divorced during this year, therefore his relative status is gone. Is there anything as an employer that we can do? As I said, he has been here legally since 2004 and has certainly paid his dues trying to become a citizen.


Asked on 11/17/08, 4:47 pm

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Immigration Law

Why was he denied? Is this the result of an interview for his green card or what? I can answer better if I knew the facts of the denial. If, for example, he has been denied because he no longer has a petitioner wife, well, he may still be able to obtain status if he can prove that the marriage was in good faith. As an employer, you can file a labor certification for this young fellow; upon its approval, you can file for a petition on his behalf. The only problem is that he will have to consular process -- leave and return. If he is divorced, does he have a U.S. citizen girlfriend would would marry him -- then he can go through the process again -- caveat: he must prove that he is marrying in good faith and not solely for obtaining his green card. Good luck.

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Answered on 11/17/08, 6:13 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Immigration Law

You can apply for labor certification. How did he come to the United States? It seems like his adjustment through US Citizen wife was denied. What was the reason?

Though I am in Los Angeles, because Immigration law falls under federal law, I can do the labor certification/I-140 for this employee. You as an employer need to provide certain corporate information and disclose your tax returns as part of the process.

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Answered on 11/21/08, 2:07 pm


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