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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105111
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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15 years ago my sponsor stop helping me to get my residence,

Customer Question

Hi 15 years ago my sponsor stop helping me to get my residence, so he kick me out of his restaurant because I didn't accept his abuse on me, the labor department accepted my case but unfortunately the sponsor didn't want to continue my case even when I begged him to keep my case, there is any way to get the residence even if now I am self employed, I clean restaurant equipment and declare my taxes.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You were on an H-2B visa? And now you are out of status? When was the Labor Certification filed for you?

Customer: replied 3 months ago.
No I got in this country with a tourist visa
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

What date was the Labor Certification filed?

Customer: replied 3 months ago.
In 2001 I was accepted by the labor department
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

It was filed on or before April 30, 2001 and you could prove that you were in the U.S. on December 21, 2000?

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

I also need to know what country you were born in.

Customer: replied 3 months ago.
Yeah I have been here since September 27,1995
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok. If the Labor Certification was filed on or before April 30, 2001, then you could still use that to qualify for 245(i) so that you would not have to leave the U.S. to get U.S. Lawful Permanent Residency status. However, if the employer does not want to offer you that job anymore, you cannot force them to. Had they already filed the I-485 for you, then if it had been pending for 180 days or more, you would change to the same or similar job without having to file anything new.

If you did not have an I-485 filed and pending longer than 180 days, then unfortunately, you would have to find a new employer to file a new Labor Certification for you and file a new I-140 for you but you could use that old Labor Certification Priority Date. When it is time to file the I-485, you would also file an I-485A, prove you were in the U.S. on December 21, 2000 and that the Labor Certification that was originally filed in 2001 was approved or approvable when filed so that way you can qualify for 245(i) and not have to leave the U.S. But unfortunately, you will need a new sponsor.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Wilfredo. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!