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

dado123 11-25-2018 05:37 PM

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

If I may ask how did you answer the question, have you ever worked in the us illegally? Logically we must work even out of status to live, how do we answer that ? I recall reading that for the DACA it is ok to say “yes” since USCIS should under we had to work to support ourselves.

DACA-IR-DA 11-25-2018 06:19 PM

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

Originally Posted by dado123 (Post 722109)
If I may ask how did you answer the question, have you ever worked in the us illegally? Logically we must work even out of status to live, how do we answer that ? I recall reading that for the DACA it is ok to say “yes” since USCIS should under we had to work to support ourselves.

I know most Dreamers did not have the luxury of someone paying all their bills for a living but I do know for a fact that working illegally is forgiven under 245i and/or if you marry a USC.

Originally Posted by Venus

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

Venus 11-26-2018 12:29 PM

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

Originally Posted by DACA-IR-DA (Post 722110)
I know most Dreamers did not have the luxury of someone paying all their bills for a living but I do know for a fact that working illegally is forgiven under 245i and/or if you marry a USC.

Originally Posted by Venus

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

As I mentioned before, Please remember that even if you qualify for a immigration benefit 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 11-27-2018 02:12 AM

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

Originally Posted by Venus (Post 722218)
As I mentioned before, Please remember that even if you qualify for a immigration benefit 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 sure are you about working when not authorized? There has to be something else in their case? If denied, they will give you the reason.

Venus 11-27-2018 12:51 PM

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

Originally Posted by DACA-IR-DA (Post 722292)
How sure are you about working when not authorized? There has to be something else in their case? If denied, they will give you the reason.

From what my friend told me (He's a US Citizen). He tried to sponsor his wife for a green card but when it came time for interview the officer denied the application because his wife worked unauthorized, he was confused because he thought that 245(i) would fix that problem. So there still in immigration court fighting her case but they see the outcome going in there favor. I think it was just away for the officer to delay her case so it would take longer for her to get her green card. Crazy what some officers will do to try and not grant a green card or immigration benefit even though the person is 100% qualified for the immigration benefit. That's my point to you is that 245(i) is not 100% because the officer has "Discretion" to deny or approve your application based on multiple factors like becoming a "Public charge" or other things that would make you Inadmissible to the USA.

DACA-IR-DA 11-27-2018 05:03 PM

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

Originally Posted by Venus (Post 722311)
From what my friend told me (He's a US Citizen). He tried to sponsor his wife for a green card but when it came time for interview the officer denied the application because his wife worked unauthorized, he was confused because he thought that 245(i) would fix that problem. So there still in immigration court fighting her case but they see the outcome going in there favor. I think it was just away for the officer to delay her case so it would take longer for her to get her green card. Crazy what some officers will do to try and not grant a green card or immigration benefit even though the person is 100% qualified for the immigration benefit. That's my point to you is that 245(i) is not 100% because the officer has "Discretion" to deny or approve your application based on multiple factors like becoming a "Public charge" or other things that would make you Inadmissible to the USA.

Officer might have been new or in doubt.

Venus 11-27-2018 05:43 PM

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

Originally Posted by DACA-IR-DA (Post 722341)
Officer might have been new or in doubt.

I don't know but my point is there is alot of "Discretion" on the officer's part on your case.

dado123 11-27-2018 06:07 PM

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

Originally Posted by Venus (Post 722311)
From what my friend told me (He's a US Citizen). He tried to sponsor his wife for a green card but when it came time for interview the officer denied the application because his wife worked unauthorized, he was confused because he thought that 245(i) would fix that problem. So there still in immigration court fighting her case but they see the outcome going in there favor. I think it was just away for the officer to delay her case so it would take longer for her to get her green card. Crazy what some officers will do to try and not grant a green card or immigration benefit even though the person is 100% qualified for the immigration benefit. That's my point to you is that 245(i) is not 100% because the officer has "Discretion" to deny or approve your application based on multiple factors like becoming a "Public charge" or other things that would make you Inadmissible to the USA.

I would think the odds are in their favor as per the below it indicates 245i covers those who "Worked in the United States illegally"

Q2. Who are the "certain persons" covered under Section 245(i) adjustment of
status?
A2. Those covered by the provision are listed at Section 245(a) and (c) of the
Immigration and Nationality Act and include individuals who:
ƒ Entered the United States illegally;
ƒ Worked in the United States illegally,
ƒ Failed to maintain continuously lawful status,
ƒ Entered under the Visa Waiver Pilot Program,
ƒ Entered as foreign crewmen, and
ƒ Entered as foreign travelers in transit without a visa.


https://www.uscis.gov/sites/default/...Act_032301.pdf

Venus 11-27-2018 06:21 PM

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

Originally Posted by dado123 (Post 722357)
I would think the odds are in their favor as per the below it indicates 245i covers those who "Worked in the United States illegally"

Q2. Who are the "certain persons" covered under Section 245(i) adjustment of
status?
A2. Those covered by the provision are listed at Section 245(a) and (c) of the
Immigration and Nationality Act and include individuals who:
ƒ Entered the United States illegally;
ƒ Worked in the United States illegally,
ƒ Failed to maintain continuously lawful status,
ƒ Entered under the Visa Waiver Pilot Program,
ƒ Entered as foreign crewmen, and
ƒ Entered as foreign travelers in transit without a visa.


https://www.uscis.gov/sites/default/...Act_032301.pdf


I know what 245(i) is and what it does. I just hope for my friends case it goes in there favor.

DACA-IR-DA 11-27-2018 10:34 PM

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

Originally Posted by Venus (Post 722352)
I don't know but my point is there is alot of "Discretion" on the officer's part on your case.

Did they go through a lawyer and did they have an EAD too based on AOS?


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