DREAM Act Portal Forum - 245(I) question "grandfathered derivate beneficiary alien"

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

Quote:

Originally Posted by spaintoamerica (Post 764568)

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.

I would definitely try that route but be sure to keep renewing your DACA through out the entire process. I'm currently undergoing the same and was able to get a PERM certificate for the Insurance & Financial Services Industry. And will also be attempting to use 245i (albeit as a derivative) to complete AOS soon, have to file by mid December when PERM expires.

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

Quote:

Originally Posted by spaintoamerica (Post 764568)

Anything aside Mexico and Philippines for Family-based, and India and China for Employment-based follows the "All other countries" list. Backlog is just the biggest problem and the above countries have more applicants than the 7.1% of the cap allotted per country.

You definitely qualify under EB3 based upon 2+ years of experience. Alternatively you could probably do some evening program to get your Bachelor's to get into EB2 based upon a Bachelor's + 5 years of experience.

Either way, you can definitely try doing both an EB3 and F2B at the same time. EB3 will be faster, but if it falls through for some reason you'll have the F2B to fall back onto and I'm a firm believer that having something, years down the line, is better than just living with a constant question mark over your head.

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

Quote:

Originally Posted by turmalina (Post 720352)

Greetings forum! I am back. So yesterday I got an email saying what looks like my AOS through family process can now start. However, I’m kinda confused because the email makes it seem like I applied while leaving outside the US because it makes reference to interviews at an embasssy or consulate back home. I’m wondering if this is normal? Has anyone gone through this process? I’m so confused right now. I’m considering consulting with a lawyer because this doesn’t make any sense as uscis knows I’m here vía all my DACA app and I’m pretty sure they ask you this on the i-130 application. Maybe it’s completely normal but I’ve never heard of it. Anyone?

Interesting.did you ever go through with it? You can DM me if you like if not comfortable posting publicly

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

Quote:

Originally Posted by xtine1333 (Post 770988)

Interesting.did you ever go through with it? You can DM me if you like if not comfortable posting publicly

I went through 245i.

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

I have a F2B petition that’s I’m going use through 245i I’m currently waiting for my priority date to become current

My PD is January 2018

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

Quote:

Originally Posted by Undocumented Immigrant (Post 771016)

I have a F2B petition that’s I’m going use through 245i I’m currently waiting for my priority date to become current

My PD is January 2018

So how long before it becomes current? Check the latest Visa Bulletin.

Which parent become a GC holder first and when?

How are you using 245i? I get that you were here 12/20/2020 but you said upon had a GC petition filed on or before and that was withdrawn?

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

Quote:

Originally Posted by DACA-IR-DA (Post 771030)

My PD will become current in at least 3 more years. My dad got his GC first

Both my parents got it from my USC born brother

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

Quote:

Originally Posted by Undocumented Immigrant (Post 771032)

My PD will become current in at least 3 more years. My dad got his GC first

Both my parents got it from my USC born brother

Do you have DACA? Do you have I-130 filed from both parents?