Legal Question in Immigration Law in New York
Reg: Lawful status
We have applied through 245i with our employer but when he was supposed to sign the 45 day letter, he could not do because he was out of state and the labor department denied our case, now we dont know what to do, we are out of status and wants to get legalized please help
1 Answer from Attorneys
Re: Reg: Lawful status
In principle, your employer could file a new PERM petition on your behalf and start the process anew. If you qualify under 245(i), your ability to adjust status once your employer's labor cert petition is approved should be preserved. However, there is no "legalization" in the meantime (until you successfully adjust and obtain a "green card") and you will remain in unlawful status. Seek the advice of an immigration attorney on how to proceed.
The above response is in the nature of general information, is not legal advice and should not be relied on as such.
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