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March 15, 2005

Refiling under 245i for PERM

I was asked a question by a mother of two young men seeking to file under PERM, the new process of the Department of Labor. Her question was can they file again under PERM because they filed back in 1995 as unmarried sons of a lawful permanent resident from Mexico. The answer is yes there is no limit to the number of applications they can submit by grandfathering under 254i because they are the beneficiaries of a petition filed prior to April 30, 2001. So it is faster for them to seek to adjust status, receive a work permit under PERM. As unmarried sons of a lawful permanent resident the applications are currently at March 12, 1992. They would have to wait three years more. So they will file under PERM to adjust faster.

Posted by VisaLawyer at March 15, 2005 03:47 PM


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