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-   -   245(I) question "grandfathered derivate beneficiary alien" (http://dreamact.info/forum/showthread.php?t=74059)

DACA-IR-DA 11-20-2018 03:16 AM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Others that have applied.

IamAman 11-20-2018 10:31 AM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
I was going to share but have decided to hold off on going forward with my own case. According to my lawyer it's a "weak argument, but possible", but that's more specific to my case with all the other baggage I've had and no DACA.

Venus 11-20-2018 03:20 PM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Quote:

Originally Posted by DACA-IR-DA (Post 721759)
Others that have applied.

If you've done nothing wrong and you haven't violated any immigration law or have a criminal history you have nothing to worry about.

I adjusted my status threw 245(i) threw marriage, 245(i) was from an old approved I-130 my US citizen grandfather (may he rest in peace) did for my mother and me in 1999, My mother adjusted her status and got her green card threw that form when it became current but I couldn't because I aged out but was able to use the old I-130 to later adjust my status threw my husband (US citizen) and now I have my green card thanks to him :).

As for how the interview went. The Immigration officer (IO) was very professional and was also a trump supporter (he had a picture of trump in his office and his children holding the american flag very patriotic). The interview was very easy and smooth, He asked us to raise our hand take an oath to say the truth and nothing but the truth. After that he asked basic question from the I-485 and I-130 like whats your name?, date of birth?, address?, how did y'all meet? when and where did you get married? Have you meet each others family? while he was asking us question's he would get on his computer and start typing things and also going threw our immigration packet we sent and going threw the forms and putting red check marks threw out the immigration forms we sent. (BTW he had a HUGE stack of documents of my WHOLE history in the US. It literally was as big as almost 2 dictionary's it was things I've never seen in my life from different US government agencies) Anyways he went on and asked "O I see that your adjusting your status threw an old I-130 threw 245(i) I also see it was approved tell me abit about that?" so I went on to give a small explanation that my grandfather did the petitions for my mom and me in 1999, We were waiting in line like everyone else trying to adjust there status and by the time the application became current my mom was able to adjust but I wasn't able to because I aged out but was able to be eligible for 245(i). He said "O ok I see, that makes sense" then he went back to his computer and started typing again and then he moved on to the I-485 question's it was the YES and NO questions, Like have you ever worked in the US illegally? things like that. After all the yes and no questions he then said "well all the paperwork looks good, I'm gonna approve you today."
He then stood up and he congratulated me and my husband and gave us a hand shake and then he said that I will receive the green card in about 1-2 weeks and that once my green card gets close to the 90 day mark of expiration to apply for removal of conditions
then I will receive the 10 year green card(since we were married for less than 2 years thats why by law they have to give you the 2 year green card). He then escorted us out of his office and showed us the exit and that was it, I WAS LITERALLY JUMPING UP AND DOWN FILLED WITH JOY!!! all the people in the waiting area saw me doing that while we were waiting for the elevator and they just looked and smiled. Lol once we got in the car I got like 5 text messages and said that my green card was approved and that it was mailed! That was it! Now this week coming up I'm finally gonna remove my conditions off my 2 year green card so I can get the 10 year green card and also next year in November I will be eligible to apply for US Citizenship!!!!!!!(since being married to a US citizen you only have to wait 3 years of being a green card holder to apply for US citizenship)

DACA-IR-DA 11-23-2018 12:12 AM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
What got my attention was that the IO had a big pile of your USA history. I will get to that later but if you marry a USC here in USA. You actually do not need to use 245i unless you were EWI. Overstays are forgiven marrying a USC here.

Did you also show proof of physical presence for 12/20/00?

Did he ask all YES/NO questions from the I-485? Was anything questions on details on why you answered it a certain way?

So about that huge immigration history stack? What is in it? I mean do they do a FOIA? or was that stack that you sent in? Which government agencies?

Working illegally in USA is forgiven by marrying a USC and/or 245i. How did you answer that? Did IO ask where you worked?

Did you use a lawyer?

Quote:

Originally Posted by Venus (Post 721787)
If you've done nothing wrong and you haven't violated any immigration law or have a criminal history you have nothing to worry about.

I adjusted my status threw 245(i) threw marriage, 245(i) was from an old approved I-130 my US citizen grandfather (may he rest in peace) did for my mother and me in 1999, My mother adjusted her status and got her green card threw that form when it became current but I couldn't because I aged out but was able to use the old I-130 to later adjust my status threw my husband (US citizen) and now I have my green card thanks to him :).

As for how the interview went. The Immigration officer (IO) was very professional and was also a trump supporter (he had a picture of trump in his office and his children holding the american flag very patriotic). The interview was very easy and smooth, He asked us to raise our hand take an oath to say the truth and nothing but the truth. After that he asked basic question from the I-485 and I-130 like whats your name?, date of birth?, address?, how did y'all meet? when and where did you get married? Have you meet each others family? while he was asking us question's he would get on his computer and start typing things and also going threw our immigration packet we sent and going threw the forms and putting red check marks threw out the immigration forms we sent. (BTW he had a HUGE stack of documents of my WHOLE history in the US. It literally was as big as almost 2 dictionary's it was things I've never seen in my life from different US government agencies) Anyways he went on and asked "O I see that your adjusting your status threw an old I-130 threw 245(i) I also see it was approved tell me abit about that?" so I went on to give a small explanation that my grandfather did the petitions for my mom and me in 1999, We were waiting in line like everyone else trying to adjust there status and by the time the application became current my mom was able to adjust but I wasn't able to because I aged out but was able to be eligible for 245(i). He said "O ok I see, that makes sense" then he went back to his computer and started typing again and then he moved on to the I-485 question's it was the YES and NO questions, Like have you ever worked in the US illegally? things like that. After all the yes and no questions he then said "well all the paperwork looks good, I'm gonna approve you today."
He then stood up and he congratulated me and my husband and gave us a hand shake and then he said that I will receive the green card in about 1-2 weeks and that once my green card gets close to the 90 day mark of expiration to apply for removal of conditions
then I will receive the 10 year green card(since we were married for less than 2 years thats why by law they have to give you the 2 year green card). He then escorted us out of his office and showed us the exit and that was it, I WAS LITERALLY JUMPING UP AND DOWN FILLED WITH JOY!!! all the people in the waiting area saw me doing that while we were waiting for the elevator and they just looked and smiled. Lol once we got in the car I got like 5 text messages and said that my green card was approved and that it was mailed! That was it! Now this week coming up I'm finally gonna remove my conditions off my 2 year green card so I can get the 10 year green card and also next year in November I will be eligible to apply for US Citizenship!!!!!!!(since being married to a US citizen you only have to wait 3 years of being a green card holder to apply for US citizenship)


Venus 11-23-2018 08:20 PM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Quote:

Originally Posted by DACA-IR-DA (Post 721887)
What got my attention was that the IO had a big pile of your USA history. I will get to that later but if you marry a USC here in USA. You actually do not need to use 245i unless you were EWI. Overstays are forgiven marrying a USC here.

Did you also show proof of physical presence for 12/20/00?

Did he ask all YES/NO questions from the I-485? Was anything questions on details on why you answered it a certain way?

So about that huge immigration history stack? What is in it? I mean do they do a FOIA? or was that stack that you sent in? Which government agencies?

Working illegally in USA is forgiven by marrying a USC and/or 245i. How did you answer that? Did IO ask where you worked?

Did you use a lawyer?

Did you also show proof of physical presence for 12/20/00?

Yes I showed physical presence for 12/20/00 for both me and my mom (since my mom was the beneficiary and I was the derivative beneficiary from the old approved I-130)

Did he ask all YES/NO questions from the I-485? Was anything questions on details on why you answered it a certain way?

Yes he asked every question from the yes and no part in I-485.

So about that huge immigration history stack? What is in it? I mean do they do a FOIA? or was that stack that you sent in? Which government agencies?

It was a lot of government agency forms dating from 1996 up to like 2017. From what I could see it had my name on alot of them. Cant really give details because the font was very small.

Working illegally in USA is forgiven by marrying a USC and/or 245i. How did you answer that? Did IO ask where you worked?

I NEVER worked Illegally in the USA, so I can't tell you what to expect when they ask that. When he asked if I worked Illegally I said "No I have never worked in the US Illegally".

Did you use a lawyer?

Yes I did only to review my forms, I collected everything else and put the packet together and I mailed it out.

DACA-IR-DA 11-24-2018 12:01 AM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Which proof of 12/12/00 did you show?

So none of your YES/NO questions were asked for you to describe in details why you answered this way?

I wonder what they pull up? Driving records? School records? Social security records? It might be the biometric fingerprinting that you did and the background check details? Most likely if any criminal records? Did you ask the IO about the stack?

Renew what forms?

Quote:

Originally Posted by Venus (Post 721916)
Did you also show proof of physical presence for 12/20/00?

Yes I showed physical presence for 12/20/00 for both me and my mom (since my mom was the beneficiary and I was the derivative beneficiary from the old approved I-130)

Did he ask all YES/NO questions from the I-485? Was anything questions on details on why you answered it a certain way?

Yes he asked every question from the yes and no part in I-485.

So about that huge immigration history stack? What is in it? I mean do they do a FOIA? or was that stack that you sent in? Which government agencies?

It was a lot of government agency forms dating from 1996 up to like 2017. From what I could see it had my name on alot of them. Cant really give details because the font was very small.

Working illegally in USA is forgiven by marrying a USC and/or 245i. How did you answer that? Did IO ask where you worked?

I NEVER worked Illegally in the USA, so I can't tell you what to expect when they ask that. When he asked if I worked Illegally I said "No I have never worked in the US Illegally".

Did you use a lawyer?

Yes I did only to review my forms, I collected everything else and put the packet together and I mailed it out.


Venus 11-24-2018 07:25 PM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Quote:

Originally Posted by DACA-IR-DA (Post 721929)
Which proof of 12/12/00 did you show?

So none of your YES/NO questions were asked for you to describe in details why you answered this way?

I wonder what they pull up? Driving records? School records? Social security records? It might be the biometric fingerprinting that you did and the background check details? Most likely if any criminal records? Did you ask the IO about the stack?

Renew what forms?

Which proof of 12/12/00 did you show?

I showed school records, vaccination records, school report cards and other documents I cant remember.

So none of your YES/NO questions were asked for you to describe in details why you answered this way?

Yes the IO did ask in detail on certain yes and no questions. I cant remember though

I wonder what they pull up? Driving records? School records? Social security records? It might be the biometric fingerprinting that you did and the background check details? Most likely if any criminal records? Did you ask the IO about the stack?

It was a range of things, again like I said I couldn't see the forms because of small font, but they know everything about you so don't lie, they had my whole immigration history since I immigrated to the US. That's what the IO told me.

Renew what forms?
I never said anything about renewing forms?????

Please remember that even if you qualify for a immigration benefit that its not 100% guaranteed that you will get that immigration benefit. Even if you are 100% qualified the officer has discretion to either deny your application or approve your application.
I actually know people that got denied for working illegally and they used 245(i) or were married to a US citizen and it didn't cure the problem of working illegally. So I wouldn't say it's 100% forgiven. They had to go to court and they are still fighting there case.

DACA-IR-DA 11-24-2018 11:17 PM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Quote:

Originally Posted by Venus (Post 721988)
Which proof of 12/12/00 did you show?

I showed school records, vaccination records, school report cards and other documents I cant remember.

So none of your YES/NO questions were asked for you to describe in details why you answered this way?

Yes the IO did ask in detail on certain yes and no questions. I cant remember though

I wonder what they pull up? Driving records? School records? Social security records? It might be the biometric fingerprinting that you did and the background check details? Most likely if any criminal records? Did you ask the IO about the stack?

It was a range of things, again like I said I couldn't see the forms because of small font, but they know everything about you so don't lie, they had my whole immigration history since I immigrated to the US. That's what the IO told me.

Renew what forms?
I never said anything about renewing forms?????

Please remember that even if you qualify for a immigration benefit that its not 100% guaranteed that you will get that immigration benefit. Even if you are 100% qualified the officer has discretion to either deny your application or approve your application.
I actually know people that got denied for working illegally and they used 245(i) or were married to a US citizen and it didn't cure the problem of working illegally. So I wouldn't say it's 100% forgiven. They had to go to court and they are still fighting there case.


How did you pay your bills if you could not work? I mean people have to work.

Venus 11-25-2018 12:04 PM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Quote:

Originally Posted by DACA-IR-DA (Post 722035)
How did you pay your bills if you could not work? I mean people have to work.

I didn't have bills, I lived with my parents and my stepfather makes about 400K a year so he paid for everything.

DACA-IR-DA 11-25-2018 05:04 PM

Re: 245(I) question "grandfathered derivate beneficiary alien"
 
Quote:

Originally Posted by Venus (Post 722099)
I didn't have bills, I lived with my parents and my stepfather makes about 400K a year so he paid for everything.

Oh ok.


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