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

[quote=DACA-IR-DA;735436]Yes my father has the original copy. I have proof that ive been here since before then.
medical records report cards etc..

I just have to find an employer who will sponsor me.

I may have found one but they are dragging to respond. It is a full time job afternoon and weekends so it would be my second job since I do not want to quit my job.

If they dont respond I may have to find another job.

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

[quote=Red neck;735438]I would get that original petition in your possession as well and bring it to the interview. It is good to front load the 12/21/00 part. My lawyer sent in multiple documents proving it. Get as much evidence as you can.

By the way. What happened to that petition? Was it denied?

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

Being a derivative you have to prove that your father (the principal) was here on 12/21/2000. You do not have to prove your own.

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

Hi all, reviving this thread with a 245i q of my own.

My mother and I were petitioned by her then husband in 1997 (I-130). The petition was approved but they never moved forward with it due to marital issues. Fast forward to now, their child (my half sister) is a USC. Would she be be able to petition for me? I believe I qualify for 245i+ I arrived with a visa in 1996 but overstayed + I used AP once in 2015. I’m consulting an attorney this week. Thanks.

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

Which visa did you use when you arrived in 1996?

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

It was a tourist visa

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

Seeing as the petition was approved, you should be able to use the 245i grandfathering. But just be aware that as a Sibling of a US Citizen, you would be categorized as a F4 visa preference which as of October Visa bulletin is backlogged to 2007.

Two questions: Are you currently married? And has your sister tried petitioning for your mother yet? Assuming she also entered with a visa, your mother (as a parent of a US Citizen) would be immediately eligible for AOS. And then upon receiving her Green Card could petition you as an unmarried adult child of a Permanent Resident which has a shorter backlog, current Visa Bulletin shows 2016. So a 5-6 year wait in comparison to a 14-15 year wait..

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

Assuming that the husband was a USC, you'd need your own I-130 since immediate relative category does not allow derivatives. If you had one then yeah, you fall under the "old" 245(i) where you do not need to prove physical presence on Dec 21, 2000.

So yeah, you can adjust via any means, only caveat is that F4 category is backlogged about 14 years. Would be faster for your USC sister to petition for your mother and then for your mother to petition for you in F2B.

Alternatively you can seek employment sponsorship since the wait times there are much smaller.

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

Thanks all! I did have my own I-130. My sister just petitioned for my mother this week and the attorney mentioned about a year for her GC approval. Perhaps via my mother would be the best option.

I wish I could check wait times per country but noticed most countries other than Mexico/China/few others are lumped into one group.

Alternatively I’m an executive assistant with a decade of experience for a well known tech company but only have my Associates Degree. I might be able to qualify under skilled workers visa. Will confirm options with attorney today.

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

I’m not married!