Can someone who's EWI have their employer give them legal status?

[blkbtterfly]

Hey everyone,

I checked the link that Marie has at the beginning of this section from USCIS and it says that if an employer wants to petition for someone they have to go through the mentioned process on that page. However, it seems to state that the process is for people who are already living in their country.

The reason why I ask is because a friend of mine said that her employer is willing to give her legal status. She's been here since she was 3 years old or so (20 or so years) with no criminal record. She's married which my understanding is that its faster through the I-601 but I'm not 100% sure. I think that before she accepts her employer's offer, she might want to consult with a good lawyer so that she doesn't get "screwed". Any thoughts?

[Lachulagreeneyes]

I am pretty sure that EWI's do NOT qualify through an employer.

[aleful]

bik,

unfortunatly not for now, since the 245i law is closed since April 30th, 2001. only if there is an immigration reform. she'll have to wait.
sorry for your friend.

[jsierra1982]

no. the employer can petition the immigrant, but is not allowed to file the i-601 waiver. so the visa will be denied with no possibility of a waiver. only a spouse and i think parent or child can file a waiver. there's even a spot on the checklist that they give you after the 1st interview that says "you do not have a qualifying relative to file the i-601 waiver." that's what would happen.

[djones9714]

Please don't get caught up in this employer sponsored program. Without qualifying for 245(i) or being "grandfathered" in under 245(i), there is absolutely no chance without a law being passed and I seriously do not believe that there will be any more amnesty programs coming in the very near future. The reason most employers say this is because once an application has been approved for an employer-sponsored application, it is good for any "employee" even though you might have paid the expenses for that application.

I have family members on my son-in-law's side who has been through this process and after the application was approved, the employer has used that application to bring their own family members over to the United States.

If the employee is still here in the United States and entered illegally or has overstayed, the minute they leave the U.S., they are subject to the 3 or 10 year bar depending upon the length of their stay and they will be denied the visa.

So, after the visa is denied, guess what happens -- they still have the job available, they still have the approved petition, and they use it for someone else. You have just lost your money -- that is unless they paid the expenses themselves.

I hope this helps.

[blkbtterfly]

Thanks for all the tips! I emailed this thread over for her to view. Unlike the other processes that users are going through, I didn't know that the petition could be used for another person like you said djones, that's quite risky.

Thanks everyone!