LIFE Act and an expired Labor Certification

[Derbo/Yamkins 4]

My stepfather is from Peru. He entered the US to work. He was issued a labor certification on May 2000 to work here. He has an SS number as well. His employer didn't help him to renew his certification. It was difficult for him to know his way around since he does not speak English too well. He is currently staying in the US with an expired visa.

What can we do to adjust his status as a legal permanent resident or US citizen?

Is the LIFE Act still applicable? If it is, is he eligible for it?

Thank you very much, VJers.

[Penguin_ie 5,997]

I am not sure on the Life act, we have some other senior members that will hopefully come along and answer that. But as you say step father- if he is married to your mother, and she a US Citizen, he can adjust that way.

[LIFE'SJOURNEY 970]

If you READ the requirements are on the USCIS site http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=6c6c3a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=6c6c3a4107083210VgnVCM100000082ca60aRCRD

Eligibility Criteria

You may be eligible to receive a green card through Section 245(i) if you:

Are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001

Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001

Are currently the beneficiary of a qualifying immigrant petition (either the original Form I-130 or I-140 through which you are grandfathered or through a subsequently filed immigrant petition)

Have a visa immediately available to you

Are admissible to the United States