I'm inquiring on behalf of a friend, a Mexican alien who initiated his
green card application as a skilled worker. His sponsor is a
California employer. The application process started a couple of
years ago. Finally, in July 2007 a letter from the Dept. of Labor
confirmed they received his application, but after that, there have
been no other communications.
His legal council says that because he doesn't have legal status in
this country (he came over across the border), it would speed up the
process if he left the USA and returned to Mexico for at least 6
months, waiting for communications from there (and possibly working
his application through the US consulate in Mexico). He's concerned
that if he left the USA now, with no status, he would not be able to
come back at all--even if there's an application in progress.
Can anyone confirm the requirement to leave the country, and what is
the average wait time these days to move on to the next step after the
Dept. of Labor confirmation?
thanks
Ita Fran
Joe Feise (Immigration) - 06 Aug 2008 06:47 GMT
itafran2002@yahoo.com wrote on 08/05/08 21:31:
> His legal council says that because he doesn't have legal status in
> this country (he came over across the border), it would speed up the
[quoted text clipped - 3 lines]
> that if he left the USA now, with no status, he would not be able to
> come back at all--even if there's an application in progress.
Well, he won't be able to get legal through the application in any case, so
right now, it is nothing more than a waste of money. The I-485 requires that the
person is legal (except if the whole thing started before April 2001.)
If he leaves, assuming he has been here illegally over 1 year, he would face a
ban of 10 years.
-Joe

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I am not a lawyer.
For reliable advice, consult a competent immigration attorney.