Emp

My Labor certification application was canceled 2 years ago. All this time
my attorney was lying to me that everything allright, but recently I called
DOL office and they said it was cancelled because attorney did not follow
their instructions (advertisement was not done correctly after submitting
LCA form). My question is: My attorney was applying for my adjustment of
status through section 245(i) if I will apply all over again for LCA would I
still be able to adjust status like this?
Thank you.

Sylvia Ottemoeller

"emp" <[email protected]> wrote in message
news:[email protected]...

    > My Labor certification application was canceled 2 years ago. All this time
    > my attorney was lying to me that everything allright, but recently I
called
    > DOL office and they said it was cancelled because attorney did not follow
    > their instructions (advertisement was not done correctly after submitting
    > LCA form). My question is: My attorney was applying for my adjustment of
    > status through section 245(i) if I will apply all over again for LCA would
I
    > still be able to adjust status like this?

Probably. I assume that the original labor certification application was
filed in good faith and was not frivolous.

Jan

Another good reason to avoid the "help" of an Attorney!


"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > "emp" <[email protected]> wrote in message
    > news:[email protected]...
    > > My Labor certification application was canceled 2 years ago. All this
time
    > > my attorney was lying to me that everything allright, but recently I
    > called
    > > DOL office and they said it was cancelled because attorney did not
follow
    > > their instructions (advertisement was not done correctly after
submitting
    > > LCA form). My question is: My attorney was applying for my adjustment of
    > > status through section 245(i) if I will apply all over again for LCA
would
    > I
    > > still be able to adjust status like this?
    > Probably. I assume that the original labor certification application was
    > filed in good faith and was not frivolous.

Sylvia Ottemoeller

No, it is a reason to ensure that you hire a good attorney.
Employment-based immigration is so complex that it is foolish not to hire a
good attorney to assist with the process.

emp says he will try to do everything on his own, but I doubt he or she will
be successful ultimately, without professional assistance. I think a better
plan would be to hire a good immigration attorney to patch things up, and
also hire a good legal malpractice attorney to sue the original attorney and
recover damages.

"Jan" <[email protected]> wrote in message
news:[email protected]...

    > Another good reason to avoid the "help" of an Attorney!

    > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > news:[email protected]...
    > >
    > > "emp" <[email protected]> wrote in message
    > > news:[email protected]...
    > >
    > > > My Labor certification application was canceled 2 years ago. All this
time
    > > > my attorney was lying to me that everything allright, but recently I
called
    > > > DOL office and they said it was cancelled because attorney did not
follow
    > > > their instructions (advertisement was not done correctly after
submitting
    > > > LCA form). My question is: My attorney was applying for my adjustment
of
    > > > status through section 245(i) if I will apply all over again for LCA
would I
    > > > still be able to adjust status like this?
    > >
    > > Probably. I assume that the original labor certification application
was
    > > filed in good faith and was not frivolous.

Ll

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > No, it is a reason to ensure that you hire a good attorney.
    > Employment-based immigration is so complex that it is foolish not to hire
a
    > good attorney to assist with the process.
    > emp says he will try to do everything on his own, but I doubt he or she
will
    > be successful ultimately, without professional assistance. I think a
better
    > plan would be to hire a good immigration attorney to patch things up, and
    > also hire a good legal malpractice attorney to sue the original attorney
and


I wonder what prevents the original attorney to contact ICE and have
emp removed immediately, since apparently he does not maintain
legal status? am i right?

Emp

Thanks for replies. It was my attorney who suggested to break out of status,
I was on extension of B-1 visa, and I had to file for extension again in one
week, but she said that if I will go out of status I will be eligible for
adjustment of status through 245(i) (it was that period of time when this
245(i) started). If she will try to nail me for that I think it will hurt
her too.

"ll" <l@c> wrote in message news:[email protected]...
    > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > news:[email protected]...
    > > No, it is a reason to ensure that you hire a good attorney.
    > > Employment-based immigration is so complex that it is foolish not to
hire
    > a
    > > good attorney to assist with the process.
    > >
    > > emp says he will try to do everything on his own, but I doubt he or she
    > will
    > > be successful ultimately, without professional assistance. I think a
    > better
    > > plan would be to hire a good immigration attorney to patch things up,
and
    > > also hire a good legal malpractice attorney to sue the original attorney
    > and
    > I wonder what prevents the original attorney to contact ICE and have
    > emp removed immediately, since apparently he does not maintain
    > legal status? am i right?

Emp

What kind of damages I can recover by sueing her? All my concerns about
adjustment of status, is there any way to turn things arround by sueing
attorney.

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > No, it is a reason to ensure that you hire a good attorney.
    > Employment-based immigration is so complex that it is foolish not to hire
a
    > good attorney to assist with the process.
    > emp says he will try to do everything on his own, but I doubt he or she
will
    > be successful ultimately, without professional assistance. I think a
better
    > plan would be to hire a good immigration attorney to patch things up, and
    > also hire a good legal malpractice attorney to sue the original attorney
and
    > recover damages.
    > "Jan" <[email protected]> wrote in message
    > news:[email protected]...
    > > Another good reason to avoid the "help" of an Attorney!
    > > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > > news:[email protected]...
    > > >
    > > > "emp" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > >
    > > > > My Labor certification application was canceled 2 years ago. All
this
    > time
    > > > > my attorney was lying to me that everything allright, but recently I
    > called
    > > > > DOL office and they said it was cancelled because attorney did not
    > follow
    > > > > their instructions (advertisement was not done correctly after
    > submitting
    > > > > LCA form). My question is: My attorney was applying for my
adjustment
    > of
    > > > > status through section 245(i) if I will apply all over again for LCA
    > would I
    > > > > still be able to adjust status like this?
    > > >
    > > > Probably. I assume that the original labor certification application
    > was
    > > > filed in good faith and was not frivolous.

Emp

And that is exactly what I was thinking to do - hire attorney per hour (or
per consultation) just to check my paperwork before submitting it and give
me general directions what to do. The bad thing is though closest attorney
120 miles away. I have to do a lot of faxing and calling, and still would
not be able to have a alive conversation with attorney, and I know how hard
to get them on the phone.

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > No, it is a reason to ensure that you hire a good attorney.
    > Employment-based immigration is so complex that it is foolish not to hire
a
    > good attorney to assist with the process.
    > emp says he will try to do everything on his own, but I doubt he or she
will
    > be successful ultimately, without professional assistance. I think a
better
    > plan would be to hire a good immigration attorney to patch things up, and
    > also hire a good legal malpractice attorney to sue the original attorney
and
    > recover damages.
    > "Jan" <[email protected]> wrote in message
    > news:[email protected]...
    > > Another good reason to avoid the "help" of an Attorney!
    > > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > > news:[email protected]...
    > > >
    > > > "emp" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > >
    > > > > My Labor certification application was canceled 2 years ago. All
this
    > time
    > > > > my attorney was lying to me that everything allright, but recently I
    > called
    > > > > DOL office and they said it was cancelled because attorney did not
    > follow
    > > > > their instructions (advertisement was not done correctly after
    > submitting
    > > > > LCA form). My question is: My attorney was applying for my
adjustment
    > of
    > > > > status through section 245(i) if I will apply all over again for LCA
    > would I
    > > > > still be able to adjust status like this?
    > > >
    > > > Probably. I assume that the original labor certification application
    > was
    > > > filed in good faith and was not frivolous.

Sylvia Ottemoeller

It's difficult to tell whether the attorney knew what she was talking about
and miscommunicated to you, or she did not know what she was talking about.

She may have discouraged you from applying for a B-1 extension because of
the negative consequences of that application. It could be that the
extension was so unlikely to be approved, and so likely to be denied, that
considering your strong desire to remain in the U.S., not applying was the
better choice.

In any case, immigration attorneys don't in general try to get people
deported. For one thing, USCIS is notorious for doing nothing about
"turning someone in" because of lack of resources, unless that person has
committed a crime or is already in deportation proceedings.

"emp" <[email protected]> wrote in message
news:[email protected]...

    > Thanks for replies. It was my attorney who suggested to break out of
status,
    > I was on extension of B-1 visa, and I had to file for extension again in
one
    > week, but she said that if I will go out of status I will be eligible for
    > adjustment of status through 245(i) (it was that period of time when this
    > 245(i) started). If she will try to nail me for that I think it will hurt
    > her too.

    > "ll" <l@c> wrote in message news:[email protected]...

    > > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > > news:[email protected]...

    > > > No, it is a reason to ensure that you hire a good attorney.
    > > > Employment-based immigration is so complex that it is foolish not to
hire a
    > > > good attorney to assist with the process.
    > > >
    > > > emp says he will try to do everything on his own, but I doubt he or
she will
    > > > be successful ultimately, without professional assistance. I think a
better
    > > > plan would be to hire a good immigration attorney to patch things up,
and
    > > > also hire a good legal malpractice attorney to sue the original
attorney and

    > > I wonder what prevents the original attorney to contact ICE and have
    > > emp removed immediately, since apparently he does not maintain
    > > legal status? am i right?

Sylvia Ottemoeller

The suit would be a civil suit, and the damages are monetary only. That is,
if the attorney is found to be responsible for your expense of money and
time, she must compensate you with money. Any legal fees you pay to another
attorney to straighten things out would count as damages.

Sometime a person can get money for "pain and suffering" but I don't think
it's likely here.

You probably will not get any kind of immigration benefit from suing her.
You really need to get a very smart, knowledgeable attorney. It's worth
hiring someone 3000 miles away if the person will do a good job. Don't
limit yourself to the ones 120 miles away -- it could be that none of them
are competent to give you the help you need.

"emp" <[email protected]> wrote in message
news:[email protected]...

    > What kind of damages I can recover by sueing her? All my concerns about
    > adjustment of status, is there any way to turn things arround by sueing
    > attorney.
    > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > news:[email protected]...

    > > No, it is a reason to ensure that you hire a good attorney.
    > > Employment-based immigration is so complex that it is foolish not to
hire a
    > > good attorney to assist with the process.
    > >
    > > emp says he will try to do everything on his own, but I doubt he or she
will
    > > be successful ultimately, without professional assistance. I think a
better
    > > plan would be to hire a good immigration attorney to patch things up,
and
    > > also hire a good legal malpractice attorney to sue the original attorney
and
    > > recover damages.

Emp

Today I called local immigration attorneys to find out their opinion and
one attorney scared me, He said that "I don't have a shot", because I enter
country legally I can not apply for 245(i) benefits because it was invented
for Mexicans who jump the border adjust their status and to become legal.
Another attorney did not see how applying for LCA connected to 245(i) and
told me that since I'm skilled worker then it must be filed as H1B and
premium processing could be applied. I never heard anybody talking about
H1B through 245(i) as the way to adjust status.
I'm getting the picture that more then half of immigration attorneys
don't know what they doing, I called 5 listed immigration attorneys today: 2
give up - don't work with job related immigration, 1 will get back to me
later and 2 give me this information. I don't think this information is
correct. Am I right?

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > It's difficult to tell whether the attorney knew what she was talking
about
    > and miscommunicated to you, or she did not know what she was talking
about.
    > She may have discouraged you from applying for a B-1 extension because of
    > the negative consequences of that application. It could be that the
    > extension was so unlikely to be approved, and so likely to be denied, that
    > considering your strong desire to remain in the U.S., not applying was the
    > better choice.
    > In any case, immigration attorneys don't in general try to get people
    > deported. For one thing, USCIS is notorious for doing nothing about
    > "turning someone in" because of lack of resources, unless that person has
    > committed a crime or is already in deportation proceedings.
    > "emp" <[email protected]> wrote in message
    > news:[email protected]...
    > > Thanks for replies. It was my attorney who suggested to break out of
    > status,
    > > I was on extension of B-1 visa, and I had to file for extension again in
    > one
    > > week, but she said that if I will go out of status I will be eligible
for
    > > adjustment of status through 245(i) (it was that period of time when
this
    > > 245(i) started). If she will try to nail me for that I think it will
hurt
    > > her too.
    > > "ll" <l@c> wrote in message news:[email protected]...
    > > > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > > > No, it is a reason to ensure that you hire a good attorney.
    > > > > Employment-based immigration is so complex that it is foolish not to
    > hire a
    > > > > good attorney to assist with the process.
    > > > >
    > > > > emp says he will try to do everything on his own, but I doubt he or
    > she will
    > > > > be successful ultimately, without professional assistance. I think
a
    > better
    > > > > plan would be to hire a good immigration attorney to patch things
up,
    > and
    > > > > also hire a good legal malpractice attorney to sue the original
    > attorney and
    > > > I wonder what prevents the original attorney to contact ICE and have
    > > > emp removed immediately, since apparently he does not maintain
    > > > legal status? am i right?

Joachim Feise

emp wrote:
    > Today I called local immigration attorneys to find out their opinion and
    > one attorney scared me, He said that "I don't have a shot", because I enter
    > country legally I can not apply for 245(i) benefits because it was invented
    > for Mexicans who jump the border adjust their status and to become legal.
    > Another attorney did not see how applying for LCA connected to 245(i) and
    > told me that since I'm skilled worker then it must be filed as H1B and
    > premium processing could be applied. I never heard anybody talking about
    > H1B through 245(i) as the way to adjust status.

Maybe the lawyer got confused if you were talking about LCA.
LCA is the abbreviation of Labor Condition Application, which is used for H1.
For Permanent Resident, it is the Labor Certification, abbreviated LC.
As for 245(i), *one* class of illegal aliens that benefited from it were in
fact people who entered the US without inspection.
But, it also applied for other people who weren't eligible otherwise to
adjust status, e.g., because of a long overstay.
For choosing an attorney, make sure that they are members of AILA, the
immigration lawyers association.
Here is a checklist what to look for: http://www.visalaw.com/hal.html

-Joe

Sylvia Ottemoeller

"emp" <[email protected]> wrote in message
news:[email protected]...

    > Today I called local immigration attorneys to find out their opinion
and
    > one attorney scared me, He said that "I don't have a shot", because I
enter
    > country legally I can not apply for 245(i) benefits because it was
invented
    > for Mexicans who jump the border adjust their status and to become legal.

As Joe pointed out, 245(i) gives benefits to people in other situations
besides having entered the U.S. without inspection. That lawyer's knowledge
is severely limited.

245(i) reads: "(i)(1) 2a/ Notwithstanding the provisions of subsections (a)
and (c) of this section, an alien physically present in the United States--
(A) who--
(i) entered the United States without inspection; or
(ii) is within one of the classes enumerated in subsection (c) of this
section . . .

[snip a bunch of stuff about petitions and applications being filed by
certain dates and paying an extra fee]

may apply to the Attorney General for the adjustment of his or her status to
that of an alien lawfully admitted for permanent residence."

Subsection 245(c) says: "subsection (a) [adjustment of status] shall not be
applicable to (1) an alien crewman; (2) . . . an alien . . . who hereafter
continues in or accepts unauthorized employment prior to filing an
application for adjustment of status or who is in unlawful immigration
status on the date of filing the application for adjustment of status or who
has failed . . . to maintain continuously a lawful status since entry into
the United States; (3) any alien admitted in transit without visa . . . ;
(4) an alien . . . who was admitted as a nonimmigrant visitor without a
visa under section 212(l) or section 217; (5) an alien who was admitted as a
nonimmigrant described in section 101(a)(15)(S); (6) an alien who is
deportable under section 237(a)(4)(B); 1a/ (7) 2/ any alien who seeks
adjustment of status to that of an immigrant under section 203(b) and is not
in a lawful nonimmigrant status; or (8) any alien who was employed while the
alien was an unauthorized alien, as defined in section 274A(h)(3), or who
has otherwise violated the terms of a nonimmigrant visa.

    > Another attorney did not see how applying for LCA connected to 245(i) and
    > told me that since I'm skilled worker then it must be filed as H1B and
    > premium processing could be applied. I never heard anybody talking about
    > H1B through 245(i) as the way to adjust status.

As Joe mentioned, he probably got "LCA" (labor condition application) and
"labor certification application" confused. However, I'm not a lawyer and I
know that the second question the attorney should ask is "Are you talking
about a labor certification application, to get you permanent resident
status, or a labor condition application, that is associated with H-1B?"

Also, very elementary questioning will reveal the fact that you have
overstayed a date certain on your I-94, you are subject to the bars, and
therefore you cannot get an H-1B petition approved and get into H-1B status
without leaving the U.S., and that if you leave the U.S. you can't get back
in for 3 years, or 10 years, or whatever it is. This is basic stuff.

Keep trying, emp. These attorneys are probably pretty mediocre, and they
could not help you.

    > I'm getting the picture that more then half of immigration attorneys
    > don't know what they doing, I called 5 listed immigration attorneys today:
2
    > give up - don't work with job related immigration, 1 will get back to me
    > later and 2 give me this information. I don't think this information is
    > correct. Am I right?
    > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > news:[email protected]...

    > > It's difficult to tell whether the attorney knew what she was talking
about
    > > and miscommunicated to you, or she did not know what she was talking
about.
    > >
    > > She may have discouraged you from applying for a B-1 extension because
of
    > > the negative consequences of that application. It could be that the
    > > extension was so unlikely to be approved, and so likely to be denied,
that
    > > considering your strong desire to remain in the U.S., not applying was
the
    > > better choice.
    > >
    > > In any case, immigration attorneys don't in general try to get people
    > > deported. For one thing, USCIS is notorious for doing nothing about
    > > "turning someone in" because of lack of resources, unless that person
has
    > > committed a crime or is already in deportation proceedings.
    > >
    > > "emp" <[email protected]> wrote in message
    > > news:[email protected]...
    > >
    > > > Thanks for replies. It was my attorney who suggested to break out of
status,
    > > > I was on extension of B-1 visa, and I had to file for extension again
in one
    > > > week, but she said that if I will go out of status I will be eligible
for
    > > > adjustment of status through 245(i) (it was that period of time when
this
    > > > 245(i) started). If she will try to nail me for that I think it will
hurt
    > > > her too.
    > >
    > > > "ll" <l@c> wrote in message news:[email protected]...
    > >
    > > > > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > > > > news:[email protected]...
    > >
    > > > > > No, it is a reason to ensure that you hire a good attorney.
    > > > > > Employment-based immigration is so complex that it is foolish not
to hire a
    > > > > > good attorney to assist with the process.

Emp

Last question, I need to know to check my attorney bullshit (she promised
work card in January): how long it suppose to take until I will get
1) Work card
2) Green card
If RIR just started in this September by my original attorney, And if
everything will go in average speed manner? I am in Hawaii if it does make
difference.

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > "emp" <[email protected]> wrote in message
    > news:[email protected]...
    > > Today I called local immigration attorneys to find out their opinion
    > and
    > > one attorney scared me, He said that "I don't have a shot", because I
    > enter
    > > country legally I can not apply for 245(i) benefits because it was
    > invented
    > > for Mexicans who jump the border adjust their status and to become
legal.
    > As Joe pointed out, 245(i) gives benefits to people in other situations
    > besides having entered the U.S. without inspection. That lawyer's
knowledge
    > is severely limited.
    > 245(i) reads: "(i)(1) 2a/ Notwithstanding the provisions of subsections
(a)
    > and (c) of this section, an alien physically present in the United
States--
    > (A) who--
    > (i) entered the United States without inspection; or
    > (ii) is within one of the classes enumerated in subsection (c) of this
    > section . . .
    > [snip a bunch of stuff about petitions and applications being filed by
    > certain dates and paying an extra fee]
    > may apply to the Attorney General for the adjustment of his or her status
to
    > that of an alien lawfully admitted for permanent residence."
    > Subsection 245(c) says: "subsection (a) [adjustment of status] shall not
be
    > applicable to (1) an alien crewman; (2) . . . an alien . . . who hereafter
    > continues in or accepts unauthorized employment prior to filing an
    > application for adjustment of status or who is in unlawful immigration
    > status on the date of filing the application for adjustment of status or
who
    > has failed . . . to maintain continuously a lawful status since entry into
    > the United States; (3) any alien admitted in transit without visa . . . ;
    > (4) an alien . . . who was admitted as a nonimmigrant visitor without a
    > visa under section 212(l) or section 217; (5) an alien who was admitted as
a
    > nonimmigrant described in section 101(a)(15)(S); (6) an alien who is
    > deportable under section 237(a)(4)(B); 1a/ (7) 2/ any alien who seeks
    > adjustment of status to that of an immigrant under section 203(b) and is
not
    > in a lawful nonimmigrant status; or (8) any alien who was employed while
the
    > alien was an unauthorized alien, as defined in section 274A(h)(3), or who
    > has otherwise violated the terms of a nonimmigrant visa.
    > > Another attorney did not see how applying for LCA connected to 245(i)
and
    > > told me that since I'm skilled worker then it must be filed as H1B and
    > > premium processing could be applied. I never heard anybody talking
about
    > > H1B through 245(i) as the way to adjust status.
    > As Joe mentioned, he probably got "LCA" (labor condition application) and
    > "labor certification application" confused. However, I'm not a lawyer and
I
    > know that the second question the attorney should ask is "Are you talking
    > about a labor certification application, to get you permanent resident
    > status, or a labor condition application, that is associated with H-1B?"
    > Also, very elementary questioning will reveal the fact that you have
    > overstayed a date certain on your I-94, you are subject to the bars, and
    > therefore you cannot get an H-1B petition approved and get into H-1B
status
    > without leaving the U.S., and that if you leave the U.S. you can't get
back
    > in for 3 years, or 10 years, or whatever it is. This is basic stuff.
    > Keep trying, emp. These attorneys are probably pretty mediocre, and they
    > could not help you.
    > > I'm getting the picture that more then half of immigration
attorneys
    > > don't know what they doing, I called 5 listed immigration attorneys
today:
    > 2
    > > give up - don't work with job related immigration, 1 will get back to me
    > > later and 2 give me this information. I don't think this information is
    > > correct. Am I right?
    > >
    > > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > It's difficult to tell whether the attorney knew what she was talking
    > about
    > > > and miscommunicated to you, or she did not know what she was talking
    > about.
    > > >
    > > > She may have discouraged you from applying for a B-1 extension because
    > of
    > > > the negative consequences of that application. It could be that the
    > > > extension was so unlikely to be approved, and so likely to be denied,
    > that
    > > > considering your strong desire to remain in the U.S., not applying was
    > the
    > > > better choice.
    > > >
    > > > In any case, immigration attorneys don't in general try to get people
    > > > deported. For one thing, USCIS is notorious for doing nothing about
    > > > "turning someone in" because of lack of resources, unless that person
    > has
    > > > committed a crime or is already in deportation proceedings.
    > > >
    > > > "emp" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > >
    > > > > Thanks for replies. It was my attorney who suggested to break out of
    > status,
    > > > > I was on extension of B-1 visa, and I had to file for extension
again
    > in one
    > > > > week, but she said that if I will go out of status I will be
eligible
    > for
    > > > > adjustment of status through 245(i) (it was that period of time when
    > this
    > > > > 245(i) started). If she will try to nail me for that I think it will
    > hurt
    > > > > her too.
    > > >
    > > > > "ll" <l@c> wrote in message
news:[email protected]...
    > > >
    > > > > > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > > > > > news:[email protected]...
    > > >
    > > > > > > No, it is a reason to ensure that you hire a good attorney.
    > > > > > > Employment-based immigration is so complex that it is foolish
not
    > to hire a
    > > > > > > good attorney to assist with the process.

Emp

He was asking me questions for good 10 minutes, he just did not know, but
was sound like he is very sure about this. How could I check if attorney is
member of AILA? Their web site does not offer to search by name, like
Californian bar for example.

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > emp wrote:
    > > Today I called local immigration attorneys to find out their opinion
and
    > > one attorney scared me, He said that "I don't have a shot", because I
enter
    > > country legally I can not apply for 245(i) benefits because it was
invented
    > > for Mexicans who jump the border adjust their status and to become
legal.
    > > Another attorney did not see how applying for LCA connected to 245(i)
and
    > > told me that since I'm skilled worker then it must be filed as H1B and
    > > premium processing could be applied. I never heard anybody talking
about
    > > H1B through 245(i) as the way to adjust status.
    > Maybe the lawyer got confused if you were talking about LCA.
    > LCA is the abbreviation of Labor Condition Application, which is used for
H1.
    > For Permanent Resident, it is the Labor Certification, abbreviated LC.
    > As for 245(i), *one* class of illegal aliens that benefited from it were
in
    > fact people who entered the US without inspection.
    > But, it also applied for other people who weren't eligible otherwise to
    > adjust status, e.g., because of a long overstay.
    > For choosing an attorney, make sure that they are members of AILA, the
    > immigration lawyers association.
    > Here is a checklist what to look for: http://www.visalaw.com/hal.html
    > -Joe