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

Show 40 post(s) from this thread on one page

DREAM Act Portal Forum (http://dreamact.info/forum/index.php)

- The Lounge (http://dreamact.info/forum/forumdisplay.php?f=26)

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

nydreamer

10-10-2018 11:17 AM

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

Quote:

Originally Posted by DACA-IR-DA (Post 719950)

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.

Wait, the question is if you were over 21 on the application receipt date, can you adjust via 245i using a new qualifying I-130?

JayR9

10-10-2018 01:53 PM

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

Wait, so if my father has a 245(I) and I was under 21 years old at the time he filed. I am grandfathered in and can adjust via marriage?

DACA-IR-DA

10-10-2018 05:06 PM

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

Quote:

Originally Posted by nydreamer (Post 719966)

Wait, the question is if you were over 21 on the application receipt date, can you adjust via 245i using a new qualifying I-130?

Yes and in USA without leaving.

I had a Labor Certification ETA-750 filed with DOL before 4/30/01. I never got the job because of later withdrawal. I then had my USC Mother file I-130 for me 2011 and was approved in 2014.

I qualified for AOS and EAD in October 2017.

I got my EAD approved 2 months ago. So now I am just waiting for my interview letter.

DACA-IR-DA

10-10-2018 05:08 PM

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

Quote:

Originally Posted by nydreamer (Post 719966)

Wait, the question is if you were over 21 on the application receipt date, can you adjust via 245i using a new qualifying I-130?

Quote:

Originally Posted by JayR9 (Post 719969)

Wait, so if my father has a 245(I) and I was under 21 years old at the time he filed. I am grandfathered in and can adjust via marriage?

Is your spouse a USC?

Demise

10-10-2018 05:26 PM

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

Quote:

Originally Posted by nydreamer (Post 719965)

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.

She would need to be under 21 (so 20 years and 364 days or younger) as of the date the petition was filed to qualify.

DACA-IR-DA

10-10-2018 06:12 PM

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

Quote:

Originally Posted by Demise (Post 719982)

She would need to be under 21 (so 20 years and 364 days or younger) as of the date the petition was filed to qualify.

CSPA applies if they turn 21 while AOS pending.

JayR9

10-10-2018 11:12 PM

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

Quote:

Originally Posted by DACA-IR-DA (Post 719981)

Is your spouse a USC?

Nope, I'm not married. I thought I couldn't adjust because I didn't have a point of entry. Guess I should just get married then.

DACA-IR-DA

10-11-2018 01:25 AM

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

Quote:

Originally Posted by JayR9 (Post 719998)

Nope, I'm not married. I thought I couldn't adjust because I didn't have a point of entry. Guess I should just get married then.

EWI's are covered by 245i grandfathered law. Do you have DACA?

JayR9

10-11-2018 01:53 AM

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

Quote:

Originally Posted by DACA-IR-DA (Post 720001)

EWI's are covered by 245i grandfathered law. Do you have DACA?

yeah I have DACA now

DACA-IR-DA

10-11-2018 02:29 AM

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

Quote:

Originally Posted by JayR9 (Post 720003)

yeah I have DACA now

Did you get AP? If yes, you could return to USA with POE.

All times are GMT -4. The time now is 03:55 AM.

Show 40 post(s) from this thread on one page