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

Last post by Venus was a year ago. They're gone dude.

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

Result?

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

His signature says that he already got his green card

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

I know. I wanted to know his interview experience.

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

This process is so confusing. As a grandfathered beneficiary, you need to prove your parent was already in the US by 2000? I thought the only requirement was that the application was submitted prior to 2001? If an application for the parent was submitted in 1994 and approved later that year, but the Visa didnt become available until 2003, hence the parent was not in the US until 2003, the child will not qualify even though they were listed in the application?

For grandfather 245i to work, you need:
1/ application prior to 2001
2/ principal beneficiary in US prior to 2001
3/ grandfathered child to be over 21?

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

Also have been physically present in the United States on December 21, 2000,
if the qualifying visa petition or labor certification application was filed after
January 14, 1998.

If the petition was before 1/14/98. You do not need to prove 12/21/2000 physical presence.

https://www.uscis.gov/greencard/life...45i-adjustment

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

Thanks, so #2 only applies to applications after 1/14/98.

Does anyone know about #3?

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

Example: If you file for AOS today, USCIS has the receipt of today or whatever date in the future AND you are under 21 then you are considered an IR meaning you do NOT need 245i to adjust in USA. If you were OVER 21 today then you would use 245i assuming a Visa # is available per the newest Visa Bulletin.

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

Application prior to January 14, 1998 does not have a physical presence requirement. In this case you can technically have it filed and then EWI/Overstay and adjust under 245(i).

In order to be grandfathered as a child you need to be under 21 and unmarried as of the date the petition was filed. After that you can age out or marry or whatever.

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

Thank you both, this makes me happy. The process if basically for my mom, who now has a 21 year old child who will be petitioning for her. Mom was 21 when the original application was filed and thus did not qualify at the time although she was listed as the daughter of the primary beneficiary. She then EWI in 1997. Good to know that she will now be eligible to adjust.