The answer depends on each person’s situation. One of the key factors is whether the person has a defined status within the U.S. at the time of applying for residency by labor petition.
It is important to keep in mind that an asylum proceeding does not constitute a defined status under the immigration laws. Therefore, in order to apply for residency in labor petition cases, it is required to have a defined status.
What are the options? One is to apply for an immigrant visa at a U.S. consulate abroad and then enter the country with labor petition residency. Another option is to obtain re-entry through TPS or another legal status that allows you to enter the country and then apply for residency within the U.S.
If you have questions about labor certifications, petitions or general immigration proceedings, feel free to contact us!
