Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Green Card Approved for Grandfathered Unskilled Worker

Published: Dec 17, 2009

Our client is a citizen of India.  He entered the United States without inspection in 1985 and has been residing here ever since.  He applied for status as a Special Agricultural Worker.  The application was denied.  He appealed and the appeal was dismissed.


In April 2001 we were retained to represent him.  We prepared and filed an Application for Labor Certification for his employer on his behalf as a janitor.  It took the U. S. Department of Labor until 2007 to approve the application. 


We then prepared and filed a Petition for Alien Worker with U. S. Citizenship and Immigration Services and an Application for Permanent Residence on our client’s behalf on the basis that he was still eligible for the benefits of old Section 245(i) of the Immigration and Nationality Act, notwithstanding the fact that he never had any legal status in the United States.


In 2008 the employer’s Petition was approved by U. S. Citizenship and Immigration Services.  Earlier this year an Adjustment of Status interview was scheduled by U. S. Citizenship and Immigration Services. We prepared our client for the interview, where he testified under oath, and appeared with him to assist in the approval of the application. 


His application was conditionally approved at the conclusion of the interview, pending availability of a visa in the other workers category.  His priority date was reached on December 1, 2009, and written notification was issued by U. S. Citizenship and Immigration Services granting him Lawful Permanent Resident status.

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