Can a person that entered the US crossing the border obtain an EB-3 ? 2 Answers as of June 23, 2011

can a person that entered the US crossing the border obtain an EB-3 ?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No. You have to have a valid status in the US in order to change status from within the US. If you crossed the border and I am assuming without a visa (because of your question), then you cannot have a valid status. Sorry. Good luck!
Answer Applies to: California
Replied: 6/23/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
They can file the I-140 but not the I-485 unless they are 245(i) eligible.
Answer Applies to: Florida
Replied: 6/23/2011
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