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

Red neck 10-25-2018 03:26 PM

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

Originally Posted by DACA-IR-DA (Post 720516)
Oh ok. Any source?

few lawyers I spoke to. But I think you have to have a bachelors or some type of skill

Venus 10-25-2018 06:45 PM

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

Originally Posted by DACA-IR-DA (Post 720512)
Every single one? There are lots of them though. Do they move fairly quick on asking them?
Old I-130 before 4/30/01? Which documents did you sent? If you spouse is USC then you do not need 245i to adjust in USA. Overstay is forgiven by marrying to a USC.

Yes they asked me each of the Yes and No questions. Everyone's case is different. Its all Case by Case bases. No he took his time asking questions. He never rushed the interview. Yes I did need 245(i). I sent alot of documents cant remember everything i sent. There are instructions on the USCIS website if you need help to know exactly what you need to send for 245(i) and if you are eligible for 245(i).

jhj316 10-25-2018 07:01 PM

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

Originally Posted by Red neck (Post 720517)
few lawyers I spoke to. But I think you have to have a bachelors or some type of skill

Yes, it is possible. I am a DACA recipient and currently pending i 485 based on EB3. The company I worked since getting DACA decided to sponsor me, so I was able to obtain LC, i-140, then i 485 process. Got an interview scheduled next friday. Hopefully everything will go smooth.

nydreamer 10-25-2018 09:33 PM

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

Originally Posted by jhj316 (Post 720519)
Yes, it is possible. I am a DACA recipient and currently pending i 485 based on EB3. The company I worked since getting DACA decided to sponsor me, so I was able to obtain LC, i-140, then i 485 process. Got an interview scheduled next friday. Hopefully everything will go smooth.

With or without 245i?

DACA-IR-DA 10-26-2018 01:06 AM

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

Originally Posted by jhj316 (Post 720519)
Yes, it is possible. I am a DACA recipient and currently pending i 485 based on EB3. The company I worked since getting DACA decided to sponsor me, so I was able to obtain LC, i-140, then i 485 process. Got an interview scheduled next friday. Hopefully everything will go smooth.

You had a petition on or before 4/30/01?

jhj316 10-26-2018 11:13 AM

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

Originally Posted by DACA-IR-DA (Post 720524)
You had a petition on or before 4/30/01?

With 245i of course. There would be no path for AOS without it. My father had a petition before 4/30/01.

DACA-IR-DA 10-26-2018 11:23 PM

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

Originally Posted by jhj316 (Post 720526)
With 245i of course. There would be no path for AOS without it. My father had a petition before 4/30/01.

There are options without 245i. Overstay can marry a USC and adjust here and/or a approval of I-601A waiver but must go home to interview.

IamAman 10-27-2018 12:23 PM

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

Originally Posted by DACA-IR-DA (Post 720530)
There are options without 245i. Overstay can marry a USC and adjust here and/or a approval of I-601A waiver but must go home to interview.

That's only for people who have an immediate family sponsorship. sponsorships like a work AOS or sibling require 245i

DACA-IR-DA 10-28-2018 01:03 AM

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

Originally Posted by IamAman (Post 720532)
That's only for people who have an immediate family sponsorship. sponsorships like a work AOS or sibling require 245i

IR can adjust here without leaving USA and they do not need 245i.

If an Overstay alien marries a USC then he/she can adjust here without leaving USA and they do not need 245i.

I aged out since my AOS was accepted when I was well over 21 but I can adjust here based on 245i without leaving USA. I also had the option of I-601A but that risk I am not willing to take.

IamAman 10-28-2018 11:10 AM

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

Originally Posted by DACA-IR-DA (Post 720535)
IR can adjust here without leaving USA and they do not need 245i.

If an Overstay alien marries a USC then he/she can adjust here without leaving USA and they do not need 245i.

I aged out since my AOS was accepted when I was well over 21 but I can adjust here based on 245i without leaving USA. I also had the option of I-601A but that risk I am not willing to take.

I'm just pointing out that not all AOS are created the same. immediate family (ie. married or USC's parents) have more rights - namely for overstays. For all other adjustments you need 245i


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