Need Advice: Work says they will sponsor me.

needing a little advice and answers on my current situation. I've been working in a family restaurant for about a year now and the owner, after knowing of my situation said he will do what ever he can to help me. He told me to consult with a lawyer and get some answers on what he needs to do in his part and also said he will pay what ever necessary. I am currently talking to the same lawyer that is handling my dads case (my dad is filing for a visa from his book publications and has already gotten the work visa's) and said it is possible for me to file and that we will start once my dads case is finished.

A little about my situation: came here on a 10 year tourist visa when i was 4 and family's visa expired about 6 years ago. i am 23 right now and am attending college. Have a social security number and have been paying taxes ever since i started working.

so my questions are.. how long does it take and what are the chances. like i said i am an overstay because my visa expired in 2005. just wondering if anyone else has gone through this process and what is the process like.. any comments or answers are greatly appreciated.

The problem with this route is that a work sponsorship has to be work that requires a college degree and then go to the department of labor to verify that they tried to fill the position and couldn't find a qualified citizen.

In your situation, getting married is the best route to go and you're at your absolute best position to meet someone since you're in school. Trust me on this. Sure, most girls(and especially guys) that age aren't ready to get married, but now is the time to find a meaningful relationship and down the line get married.

Your story when meeting people now will be more acceptable :"I'm a college student and working at a restaurant". Once you're in your 30's, dating becomes hard: "Soooo, you're a college grad and you're working at a restaurant??" and they think you're an underachiever at best or a criminal at worst.

^It doesn't necessarily have to be a college degree considering the mployment Third Preference is available but the requirements to go such a route are huge and possibly not achievable for some if they don't meet the criteria.

The requirements in order should be :
1.)2 years work experience in said job
2.)approved Labor cert.,
3.)An approved I-140,must wait till a visa number is available before you can file the next application in 4.).
4.)Approved I-485 under 245i in order for a successful adjustment interview on US soil.
5.)You also must be employed the entire time with that employer while the application process is on going.


Realistically,it looks like a ~decade if all requirements are satisfied.

Yes, but we have a good excuse. Plus, I know citizens with degress who still work at restaurants. I also know a citizen who worked as a server while going for an MBA. Moreover, the people who do give you a bad time need to mind their own business; you are not doing anything bad. Or would they prefer to see you like one of these guys?

http://www.youtube.com/watch?v=dQn_-kQUlgg

If you have been out of status for any period of time after you turned 18, you cannot adjust your status via employment. The only way to adjust status is to have your USC parent (if you are under 21) or your USC spouse (any age) apply for you.

Adjustment of status via employment is a really difficult process. Maybe it is possible (since your lawyer told you it is), but it may take a while. Like others said, the best route would be to marry a USC. That may not be the answer you want to hear, but it's typically the quickest way.

I'm just talking from personal experience. My closest friends know about me and so I don't care what others think but when it comes to dating, women in their 30's who are still single are ready for someone established and stable and in their eyes, something is wrong with me. A couple of times I was frustrated and trusted them enough to tell them my story and that kind of scared them more so being a student has many benefits one of which is meeting new people.

As far as I know, AOS is not possible if you are already Out of Status unless you are covered under 245(i). Technically should be able to able to adjust your status by leaving the country and apply from abroad but the 3-10 year band will be triggered as soon as you leave the US. They made sure with the 1996 law that we have no way out!