armas

Dear Friends,

Can a employer apply the labor certification for a illegal person ?
I understand that the LC is based on the job not the employee.

Why all steps go through for a illegal person's green card through employment ?

Does it matter if the person is not working for that employer who filled his LC ?

Regards

Armas

Andrew Wilson

Armas,

An employer can file a labor certification for a person here illegally. The person does not have to be working for the employer, in fact he/she obviously should not be working for that employer because they have no status to do so.

The key question is not whether the labor certification can be filed, but whether if you can get through that the entire green card process, that is, can the person continue on and be eligible to adjust status.

Most people here illegally are not eligible to adjust status to a green card (the final stage of the process) In 2001 there was the 245(i) window that allowed illegals to file labor cert's and then still be eligible to adjust. If there is hope that another 245(i) window will open or some other type of amnesty program, it may be worthwhile to start the process even with the knowledge that the person may hit a wall at the final stage.

Anyone here illegally though should consider consulting an atty before they file anything with CIS or the DOL.


Regards,

Andrew

Andrew M. Wilson, Esq.
[email protected]

armas

Dear Andrew,

Thank you for your informative answer.

May I ask you one more related question.

If a person came to US illegally can he get green card employment based without leaving US ?

Regards

Armas

Andrew Wilson

That is the issue and dilemma I described when someone may not be able to be eligibile to go through adjustment of status.

In order to obtain your green card within the US, you need to go through adjustment of status. Even if a labor certification is approved, someone may not be eligible to adjust and get the green card if he/she is here illegally. The big picture must be understood before simply going forward with a labor certification.

Andrew

Andrew M. Wilson, Esq.
[email protected]

Joachim Feise

armas said on 5/19/2004 4:46:

    > Dear Friends,
    >
    > Can a employer apply the labor certification for a
    > illegal person ?

Yes, but why? That person will most likely not be able to file
for AOS, so that person most likely can't get a GC.

-Joe

Andrew Wilson

Joe,

You are correct, that is the important point I tried to make clear above.

Immigration does have amnesty programs or could open up another 245(i) window, so someone could start the process now hoping that by the time AOS came around, there was a new 245(i) time period or amnesty that woudl help. They should also know that they could start the proces and if no new 245i or no amnesty program, he/she could hit a brick wall at AOS stage.

Much depnds on what they mean by here "illegally", but most likely not eligible to adjust status if here illegally. I know some peopel move forward anyway though because it could build equity if they were placed in removal proceedings or they are hoping for a new 245i time period.

Regards,

Andrew

Andrew M. Wilson, Esq.
[email protected]

J. J. Farrell

armas <member896@british_expats.com> wrote in message news:<[email protected]>...
    >
    > Can a employer apply the labor certification for a
    > illegal person ?

Yes.

    > Why all steps go through for a illegal person's green card
    > through employment ?

I don't know what this means. An illegal immigrant is
unlikely to be able to get a GC through employment.

    > Does it matter if the person is not working for
    > that employer who filled his LC ?

No.

Joachim Feise

Andrew Wilson said on 5/19/2004 9:06:

    > Originally posted by Joachim Feise
    >
    >>armas said on
    >
    > 5/19/2004 4:46:
    >
    >>>Dear Friends,
    >>>Can
    >
    > a employer apply the labor certification for a
    >
    >>>illegal
    >
    > person ?
    >
    >>Yes, but why? That person will most likely not be
    >
    > able to file
    >
    >>for AOS, so that person most likely can't get a GC.
    >
    > -Joe
    >
    >
    > Joe,
    >
    > You are correct, that is the important point I
    > tried to make clear above.

Your post wasn't on my newsserver yet when I answered.

    > Immigration does have amnesty programs or
    > could open up another 245(i) window, so someone could start the process
    > now hoping that by the time AOS came around, there was a new 245(i) time
    > period or amnesty that woudl help. They should also know that they
    > could start the proces and if no new 245i or no amnesty program, he/she
    > could hit a brick wall at AOS stage.

Of course, hoping for 245(i) reactivation is a possibility, although I think
it would be a long shot.
In any case, I was thinking about that when I formulated my answer. That's
why I said "most likely"...

-Joe