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

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

JayR9

10-11-2018 09:55 AM

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

Quote:

Originally Posted by DACA-IR-DA (Post 720004)

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

No, I didn't do AP. I thought that's the purpose of being grandfathered into 245(i), I wouldn't need AP?

DACA-IR-DA

10-11-2018 03:37 PM

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

Quote:

Originally Posted by JayR9 (Post 720013)

No, I didn't do AP. I thought that's the purpose of being grandfathered into 245(i), I wouldn't need AP?

245i and DACA are separate benefits.

AP would have gave you a POE.

JayR9

10-11-2018 04:03 PM

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

Quote:

Originally Posted by DACA-IR-DA (Post 720025)

245i and DACA are separate benefits.

AP would have gave you a POE.

So you're saying I can't get married and qualify under 245i because my father filed a labor certificate in 2001?

DACA-IR-DA

10-11-2018 04:36 PM

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

Quote:

Originally Posted by JayR9 (Post 720013)

No, I didn't do AP. I thought that's the purpose of being grandfathered into 245(i), I wouldn't need AP?

Quote:

Originally Posted by JayR9 (Post 720028)

So you're saying I can't get married and qualify under 245i because my father filed a labor certificate in 2001?

How old were you when the Labor Certification was filed?

DACA-IR-DA

10-13-2018 09:58 PM

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

Anyone?

JayR9

10-16-2018 11:29 PM

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

Quote:

Originally Posted by DACA-IR-DA (Post 720031)

How old were you when the Labor Certification was filed?

I was 11 years old

DACA-IR-DA

10-17-2018 01:36 AM

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

Quote:

Originally Posted by JayR9 (Post 720216)

I was 11 years old

You can't get LC at 11. Legal limit to work is at least 14.

nydreamer

10-17-2018 04:58 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.

But that was to qualify as a relative then, she now has another qualifying petition-- does that still apply?

JayR9

10-17-2018 07:10 PM

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

Quote:

Originally Posted by DACA-IR-DA (Post 720220)

You can't get LC at 11. Legal limit to work is at least 14.

My father filed the LC when I was 11 years old. Am I not grandfathered in as a beneficiary?

IamAman

10-17-2018 07:23 PM

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

My understand is that if you were a beneficiary, you are grandfathered in. In other words if your father was petitioned prior to the cut-off point and you were a minor at the time and would have been his beneficiary at that point, you are also locked in. It doesn't mean that the petition was for you directly.

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