Hello,
My family first came to the U.S. on a B2 Visa in 1993, when I was just 2 years old, for pleasure purposes. We then returned back to Pakistan after our 2 month vacation in the U.S. After a year in Pakistan my family permanently moved to the United States, in 1994, on an L Visa. We have been back to Pakistan twice after 1994 just to visit. On June 21, 2000 we came back to the U.S., on our L Visa, from our second trip to Pakistan. We had our Visa up until 2002. As a result of September 11, 2001 we were unable to renew our Visas and faced financial hardship in doing so. We currently hold no have no status and I am now 18 years old. I am having trouble financing college tuition and was forced to decline my acceptance into a few universities here in California. I want to become a legal resident and eventually a citizen so I can be a positive contributor to society. I have an uncle who is an U.S. citizen.
I need help! What options do I have?
The above two answers seem to conflict with each other but the reality is between them. One can always file a PERM labor certification, however, the extent to which it is useful depends on whether you and your principal parent are in legal status in order to actualize adjustment of status. If you are not, then in order to still adjust status, a petition or labor certification would have had to have been filed on your behalf or that of one of your parents before 4/30/2001 - that's 245i qualification. Knowing this will determine the practicality of whether a PERM application is worth it or not under today's law. Your father will also need to consider whether by applying even if it would not able you to adjust status, if he would perhaps be able to qualify for status if the law changes. No one knows the answer to this, however under 245i, those who applied before a certain date were covered. Presumably the government would permit opportunity to apply to take advantage of a future extension of 245i, but there is no guarantee. He could lose opportunity by not applying even though he could not adjust status now with such an application. Also weighed into the decision to apply are two more aspects: 1. he should NOT work without authorization for a petitioning employer. To do so would invite investigation and initiation of removal proceedings potentially and the result of such would be devastating for your chances to be in the U.S. unless your dad is 2nd preference holding Master Degree or equivalent required position. The employer for the PERM should be a future employer; and 2. If it's not possible to complete adjustment of status by your 21st birthday (or qualify to continue the case after you turn 21 under CSPA), then you could age out and not be able to benefit even if your parents can.
For more information, you can contact me offline at [email protected] or 818 609 1953.
Sincerely,
Alice Yardum-Hunter
Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
The above two answers seem to conflict with each other but the reality is between them. One can always file a PERM labor certification, however, the extent to which it is useful depends on whether you and your principal parent are in legal status in order to actualize adjustment of status. If you are not, then in order to still adjust status, a petition or labor certification would have had to have been filed on your behalf or that of one of your parents before 4/30/2001 - that's 245i qualification. Knowing this will determine the practicality of whether a PERM application is worth it or not under today's law. Your father will also need to consider whether by applying even if it would not able you to adjust status, if he would perhaps be able to qualify for status if the law changes. No one knows the answer to this, however under 245i, those who applied before a certain date were covered. Presumably the government would permit opportunity to apply to take advantage of a future extension of 245i, but there is no guarantee. He could lose opportunity by not applying even though he could not adjust status now with such an application. Also weighed into the decision to apply are two more aspects: 1. he should NOT work without authorization for a petitioning employer. To do so would invite investigation and initiation of removal proceedings potentially and the result of such would be devastating for your chances to be in the U.S. unless your dad is 2nd preference holding Master Degree or equivalent required position. The employer for the PERM should be a future employer; and 2. If it's not possible to complete adjustment of status by your 21st birthday (or qualify to continue the case after you turn 21 under CSPA), then you could age out and not be able to benefit even if your parents can.
For more information, you can contact me offline at [email protected] or 818 609 1953.
Sincerely,
Alice Yardum-Hunter
Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
The above two answers seem to conflict with each other but the reality is between them. One can always file a PERM labor certification, however, the extent to which it is useful depends on whether you and your principal parent are in legal status in order to actualize adjustment of status. If you are not, then in order to still adjust status, a petition or labor certification would have had to have been filed on your behalf or that of one of your parents before 4/30/2001 - that's 245i qualification. Knowing this will determine the practicality of whether a PERM application is worth it or not under today's law. Your father will also need to consider whether by applying even if it would not able you to adjust status, if he would perhaps be able to qualify for status if the law changes. No one knows the answer to this, however under 245i, those who applied before a certain date were covered. Presumably the government would permit opportunity to apply to take advantage of a future extension of 245i, but there is no guarantee. He could lose opportunity by not applying even though he could not adjust status now with such an application. Also weighed into the decision to apply are two more aspects: 1. he should NOT work without authorization for a petitioning employer. To do so would invite investigation and initiation of removal proceedings potentially and the result of such would be devastating for your chances to be in the U.S. unless your dad is 2nd preference holding Master Degree or equivalent required position. The employer for the PERM should be a future employer; and 2. If it's not possible to complete adjustment of status by your 21st birthday (or qualify to continue the case after you turn 21 under CSPA), then you could age out and not be able to benefit even if your parents can.
For more information, you can contact me offline at [email protected] or 818 609 1953.
Sincerely,
Alice Yardum-Hunter
Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
