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#4
11-14-2015, 12:29 AM
Senior Member
From Virginia
Joined in Aug 2012
2,323 posts
Malign0n
Quote:
Originally Posted by Demise View Post
Unless you're covered under 245(i) the work sponsorship will get you nowhere, unless the law somehow changes.

You can of course go through it, your employer will do the PERM certification and I-140, and when it's time to file for adjustment you'll be denied for multiple reasons:

1) Lack of admission or parole into US (INA 245(a)).
2) Lack of lawful status, failure to maintain status, and possibly working illegally (INA 245(c)(2)).
3) Lack of lawful status while seeking employment based adjustment of status (INA 245(c)(7)), and possibly:
4) Working illegally prior to seeking employment based adjustment of status (INA 245(c)().
He'd be covered by 245K as he will be adjusting through his employer. He would also have advance parole to count as his legal entry. I'm also pretty sure he would be considered a parolee which is a status eligible for adjustment.

There are some many intricacies in the language of the INA that talking to a lawyer would probably be able to guide you through more thoroughly
Last edited by Malign0n; 11-14-2015 at 12:38 AM..
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