Legal Question in Immigration Law in California

My wife I have been living in this country for 21 years. Have a daughter, 18 and son, 14 born here. I have an approved petition from my u.s. citizen brother since July 2005.

After working for 14 years my wife told her employer about her situation. They are willing to help her if there is anything outhere. Can she get sponsorship through her job? Is there any help or law that would help us? Thanks.


Asked on 11/13/09, 3:12 pm

3 Answers from Attorneys

Charles Medina Law Office of Charles Medina

If your sister's petition was filed before April 30, 2001 and you were married at that time, your wife might be qualified for 245 (i) protection.

If she has 245 (i) protection and her employer is willing to petition her, she might apply for green card throught employment-based petition.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 11/18/09, 3:35 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

It sounds like you are waiting around for a visa number with respect to the approved I-130. Your wife can explore an employment-based petition in which you are a dependent beneficiary. There needs to be labor certification, etc. What type of work does your wife do? Please contact us.

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Answered on 11/18/09, 3:35 pm

It sounds like you are 245i eligible, and if you were married at the time that your brother submitted the petition, then she may also have relief from your eligibility. Depending on the type of work that your wife does, they may be able to sponsor her in an employment-based petition. Among other things, part of the employment-based petition is filing a labor certification with the Department of Labor which would state that there are no other legal U.S. workers qualified to perform the job. You may contact this office to assist you with the employment-based green card process at 415-387-1364 or send email to: [email protected].

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Answered on 11/18/09, 6:33 pm


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