It is important to know that you are not authorized to remain in the U.S. while your motion to reconsider/reopen the denied I-129 petition is pending. You are also accruing unlawful presence that could affect your ability to consider other options for the U.S. in the future.
What was the reason for the L-1 denial? Have you looked at other strategies other than the motion to reconsider/reopen?
There is strong momentum for immigration reform right now, but no one knows if anything will happen or what it will look like. There is no way to speculate whether it would address someone in your situation.
President Obama spoke in Las Vegas, Nevada, on his immigration reform ideas and released a statement one day after a bipartisan group of senators proposed principles for comprehensive immigration reform, on January 28, 2013.
A fact sheet on President Obama's immigration reform proposal outlines four principles:
First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.
Among other things, President Obama's proposal includes providing visas to foreign entrepreneurs who want to start businesses in the United States and "helping the most promising foreign graduate students in science and math stay in this country after graduation, rather than take their skills to other countries." He also would provide a legal way for undocumented people to "earn citizenship" by passing national security and criminal background checks, paying taxes and a penalty, "going to the back of the line," and learning English.
President Obama's proposal would permanently authorize immigrant visa opportunities for regional center (pooled investment) programs; and provide incentives for visa requestors to invest in programs that support national priorities, including economic development in rural and economically depressed regions. The proposal would create a new visa category for a limited number of highly skilled and specialized employees of federal national security science and technology laboratories who have been in the United States for two years.
I would recommend meeting with an experienced immigration attorney to discuss alternative strategies for your case.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Jan 31st, 2013 at 10:22 AM