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

Originally posted by 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

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.

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

Originally posted by 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



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.

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

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.

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.

J. J. Farrell

armas <member896@british_expats.com> wrote in message news:<>...
    >
    > 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