B2 out of status: Need advice

[Michelle_co1971]

Hi. i am a newbie and need your advise concerning my friend who is already out of status since 2009 on a tourist visa. She recently passed the NCLEX and now a registred nurse. My question is can an employer file a I-140 petition for her even though she is unlawfully staying in the US. If not then what do you think are her other options so she can change her status to working.

Reply is sincerely appreciated

Thanks.

 

[Triple Citizen]

An employer can file for an I-140 for her. However she cannot AOS based on that I-140 (once approved and current) and if she leaves the US, her 10 year ban will kick in.

My question is can an employer file a I-140 petition for her even though she is unlawfully staying in the US.

 

[Michelle_co1971]

An employer can file for an I-140 for her. However she cannot AOS based on that I-140 (once approved and current) and if she leaves the US, her 10 year ban will kick in.

Thanks for the reply.
What are her options then?

 

[BigJoe5]

Thanks for the reply.
What are her options then?

She can go home and have a good career within the nursing field.

 

[Triple Citizen]

(1) Serve the 10 year ban as penance for not respecting the immigration laws of a country that granted her the privilege to visit
(2) Continue to live in the shadows
(3) Enter into a bonafied marriage with a US citizen amd then adjust her status

What are her options then?

 

[Michelle_co1971]

(1) Serve the 10 year ban as penance for not respecting the immigration laws of a country that granted her the privilege to visit
(2) Continue to live in the shadows
(3) Enter into a bonafied marriage with a US citizen amd then adjust her status

She's currently married from the Philippines, so i guess marriage to a US Citizen is not an option. Unless otherwise she decided to end her marriage and marry a US citizen.

 

[Triple Citizen]

I believe the Philippines is one of the very few countries where divorce is not possible. Your friend, being in the noble profession of nursing, should realise that she has to pay a price for not respecting the conditions associated with visiting the US. She should leave the US, live out the 10 year ban and then reconsider moving back to the US.

She's currently married from the Philippines, so i guess marriage to a US Citizen is not an option. Unless otherwise she decided to end her marriage and marry a US citizen.