My sister filed a labor cert before Apr 30, 2001 which was denied.
Being a US citizen I filed a petition for her in 2010 . At that time she was out of status as her visa had expired. When her green card petition is approved , will she have to leave the country for like 10 years or so or can she get my status adjusted here. I have talked to a couple of attorneys and am getting conflicting answers. some say that the fact that she had filed a labor petition before Apr 30, 2001 is enough for adjustment. Others say that the fact that she was out of status when she filed the next petition precludes her from adjustment in the country
As long as the labor certification was bona fide at the time of filing, your sister should be eligible to adjust her status in the U.S. based on I&N Sec. 245(i). She would have to wait until her visa number (F-4 category) from your petition becomes current. You should definitely contact an immigration attorney.
Your sister might qualify if she properly filed the labor certification. An immigration attorney should help you review it carefully to determine whether she qualifies. She definitely wants to avoid leaving the country, because if she does she may be barred from reentry for ten years.
By the way, sometimes attorneys will disagree because an issue is unsettled. Heck, we disagree with USCIS attorneys all the time, which why we sue them all the time.
Probably not. She could argue that her Labor certification prior to 4/30/2011 was filed in good faith, may be she gets advantage of adjusting her status while in US. Whether USCIS accepts that argument, difficult to say. You should consult with an experienced immigration attorney for review of file and proper presentation of evidence upon demand. Good luck
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