Since 1975

Toll Free: 877-745-8341, (717) 843-7801

& State and Federal Trial Practice.
Law Office Of Daniel M.Pell
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Daniel M.Pell:
Immigration & State and Federal Trial Practice.

Adjustment of Status

Non-citizens entering the U.S. illegally are NOT eligible to adjust status. They
must go back to their home country to consular process at a US Embassy or
Consulate abroad, unless an application that was approvable when filed was
filed on their behalf on or before April 30, 2001. This is former Section 245(i) of the Immigration and Nationality Act. These individuals are permitted to stay in the U.S. by paying a $1,000.00 fine in addition to all of the other fees required to adjust their status.

There are other exceptions for individuals illegally present in the U.S. and who may adjust status without going ‘home’ to their country of nationality/citizenship, and these exception areas include class members of class action lawsuits and persons who qualify under special legislation(for example, the Nicaraguan And Central American Relief  Ac(NACARA)  ).

Adjustment of Status can also be accomplished through employment
relationships. The employer files an application for a Labor Certification with the U.S. Labor Department.    The employer starts through the State Workforce Agent(SWA) in the State in which the employee is to be hired. The SWA contacts the employer and sends a packet of materials to the employer which must be precisely complied with; the job qualifications and duties, rate of pay, and other details must be set forth in advertisements published on the internet and in newspapers of general circulation in the area where the employment is to be carried out. The employer must post the job within the company as well. Complete and careful records of all prospective applicants must be kept. All of the advertisements, interview results, and other records are then sent to the SWA which, in turn, sends it to the US Labor Department for review. If approved, the Labor Certification is issued, and the employer files a form I-140 with the Labor Certification attached within a specified short time frame. At the same time the I-140 is filed, the employer may also file an I-485 adjustment package along with an application for work authorization. The Labor Certification process is now done online under new regulations designated as PERM, and can be very quickly accomplished. The I-140 can also be quickly processed(6 months toOne year).

However, as in the case of preference family based-petitions for green cards,
employment based applications are subject to the per annum visa cap(limit) on visas. Sometimes it can be up to one or two years for those visa numbers to come current.

All employment based applicants for lawful permanent residence through
adjustment of status must have come to the U.S. lawfully, must maintain status while here and may not work without authorization from USCIS.

These processes of adjustment of status are complex and require, in most
instances, the assistance of an immigration attorney.

Free over the phone consultation with Attorney Daniel Pell by appointment only.

Please call (877) 745-8341 to schedule an appointment with Attorney Daniel Pell for FREE CONSULTATION.

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Law Office:
Attorney Daniel M.Pell

2550 Kingston Road
Suite 305 York, PA 17402

Toll free: (877) 745-8341
Local: (717) 843-7801

Fax: (717) 852-8900
e-mail: info@pellaw.com


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