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  • Labor Certification

    I have a question about labor certification which was filed under 245i in 2001 and it is in the process now.Entered in the US without inspection few years ago.Became Canadian resident in 2001 and had to leave the USA in order to keep the Canadian residency.Now LCR is going to be approved and want to file for adjustment of status after that. Would anyone give the best advise what to do in that case since person left the USA and filed for labor certification which is almost approved? Would he be able to adjust his status in Canada and be able to transfer his file to Canada? What are the chances to get it approvd? Thanks
    Henry

  • #2
    I have a question about labor certification which was filed under 245i in 2001 and it is in the process now.Entered in the US without inspection few years ago.Became Canadian resident in 2001 and had to leave the USA in order to keep the Canadian residency.Now LCR is going to be approved and want to file for adjustment of status after that. Would anyone give the best advise what to do in that case since person left the USA and filed for labor certification which is almost approved? Would he be able to adjust his status in Canada and be able to transfer his file to Canada? What are the chances to get it approvd? Thanks
    Henry

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    • #3
      You can't adjust status outside the U.S.

      If you are abroad, after DOL approves the ETA 750, you will need to file the I-140, wait for it to be approved, then request consular notification. You would have to appear for an immigrant interview at the consulate, then you would not get permanent resident status until after you entered the US after your interview.

      The problem is how long were you in the U.S. illegally: If you had more than one year of "unlawful presence" (i.e., overstay of a visa), you are barred from reentering the U.S. for 10 years. This means that even if you have an approved labor cert and I-140, you will not be able to come back to the US with a green card until the 10 year bar expires. Had you stayed in the U.S., you could have filed for AOS under 245(i); however, once you left, you now must wait until the bar expires (or apply for a waiver).

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