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

Are you talking about VAWA? There is also U-Visa.

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

I think it’s U-visa .

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

You have anything to add to the discussion or do you just like talking for the sake of talking?

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

I did. I am just saying that COR is not automatic. It has to go through a hearing and IJ will decide.

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

Maybe. Talk to a lawyer about it.

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

Same how AOS is not automatic and for most part you need to put up a dog and pony show for the adjudicator.

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

Can an attorney be present and do the talking?

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

The attorney can be present but normally the IO will ask you directly and attorney will generally only interject if you fuck up or if the IO is out of line.

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

Ok so an attorney’s correction overrides the beneficiary’s wrong answer? I hired an attorney so he will be present at the interview as well. Thanks for info.

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

In general IOs treat attorneys like they're air.

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

This thread is very beneficial.

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

My interview was scheduled on 1/18/19. I’ve had one RFIE and that was for birth certificate with English translation. I know the beneficiary can get another RFIE/RFE at any stage until a decision is made.

Are my chances of another RFIE/RFE lower now?

Also, do I need my mother’s birth certificate since she was the petitioner? I-130 was approved.

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

As long as anything needs clarifying you maybe get an RFE but they usually try their hardest to avoid issuing more than one.

Since I-130 was already approved then USCIS operates under a presumption that your family relationship exists and your mother is a USC or LPR.

They wanted your birth certificate because I-485 requires it, they do not doubt that you two are related or anything.

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

Great. Thanks.

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

Any more experiences for EB3 with 245i.

I think I might have finally found an employer that would sponsor me.

Timeframe?

What category of EB3 does it really matter?

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

Probably around 6 months for the PERM. After that's done you can concurrently file I-485/I-485A/I-765 with I-140.

The subcategory of EB3 doesn't matter unless you're from China because there "Other Worker" is backlogged more than regular EB-3 there.

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

and timeframe for i485?

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

You can get an employment sponsor while being EWI/Overstay in USA assuming grandfathered under 245i?

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

This depends on your Field Office.

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

Hard to say, it depends mainly on the field office. Since you are adjusting under 245(i), you have to be interviewed.

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

What do you mean by interview?
Like to see if I have been here since 2000?

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

It'll be a regular EB-3 interview, they're pretty much required by regulations to give you an interview if you adjust under 245(i).

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

When was your petition filed that was on or before 4/30/01?

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

before 01 sometime mid 2000 and it was for my father, his brother petitioned him. My dad already became a resident through my citizen brother. I dont know what happened to my dads other petition since I believe they are still backlogged to like 97-98

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

Do you have the receipt?

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

Yea it has my dads name and all of his other siblings

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

What’s the date on it?

Is your name in it?

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

I dont have it with me but its for sure mid 2000


And no my name is not on it.

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

Doesn't have to be.

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

[quote=Demise;735432]He has to have the original or copy as evidence and proof of physical presence 12/21/00.

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!