245(I) question "grandfathered derivate beneficiary alien"
 

Hello everyone I am about to send off my AOS application this week. Me and my husband are super excited! Does anyone know if with 245(I) or known as "I-485A" form if I should include a explanation letter of my eligibility as a "grandfathered derivative beneficiary alien"? I am including a copy of my mothers old I-130 which was approved on April 2 2001 that my grandfather that filed it for her who was a U.S. Citizen at the time (he has passed on) and my birth certificate showing my mothers name for "child and mother relationship" existed on and before and after December 20 2000 and also including prove of my presence in the U.S. before and after December 20 2000.
Am I missing anything else?


Green Card Application sent: Going to send 7/29/16
Notice of Action:..........
Biometrics:..........
EAD/AP:..............
Interview:............ Green Card Approved:........

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

Yes you can include such a letter. While not 100% necessary it helps to explain to the case worker why you qualify for 245(i).

Also, you need to prove your mother's presence in US on December 21, 2000. You not not need to prove your presence in US on that date.

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

Thanks for replying! :-)

My mother has already received her green card about 3-4 years ago. I am filing this green card application based on marriage to a U.S. Citizen. Why do I need to prove my mothers presence for 245(I)? I'm using the form directly as a grandfathered derivative beneficiary?


"To qualify for 245(i), a petition (I-130, I-360, I-526, or labor certification) must have been filed on behalf of the beneficiary on or before April 30, 2001, and the beneficiary must have been physically present in the United States on December 21, 2000. This physical presence requirement is waived for those whose petition was filed on or before January 14, 1998 or who are derivative beneficiaries. The petition must have been “approvable” at the time of filing.

The BIA confirmed the long-standing USCIS policy that both principal and derivative grandfathered aliens are independently eligible to apply for section 245(i) adjustment of status and either may be the principal adjustment applicant under that section. The regulations define “grandfathered” as “an alien who is the beneficiary (including a spouse or child of the alien beneficiary if eligible to receive a visa under section 203(d) of the Act)” of a qualifying visa petition or labor certification that was filed on or before April 30, 2001.” 8 CFR § 1245.10(a)(1)(i)."

Link: https://cliniclegal.org/resources/ar...ust-under-245i

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

Has to do with another ruling in Matter of Ilic, 25 I&N Dec. 717 (BIA 2012):

For an alien to independently qualify for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), as a derivative grandfathered alien, the principal beneficiary of the qualifying visa petition must satisfy the requirements for grandfathering, including the physical presence requirement of section 245(i)(1)(C) of the Act, if applicable.


Basically in order to qualify for 245(i) the principal must meet the physical presence, not the derivative. There was another precedent before this, however this ruling just affirmed it. So in this case your mother must've been in US on December 21st 2000. Your physical presence in irrelevant.

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

Ok so I need to find proof my mother was here on or about December 21 2000? Hmmmm what kinda documention should I include? I have some old vaccination records with her name on it as my parent guardian after and before 2000 and also some of my old report cards from school as a kid with her name listed on them as my parent guardian and her signatures on them as well. The report cards are from 1999-2000 and 2000-2001. I also have a copy of her green card as well to show that she has received her green card through 245(I)

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

Those old documents should do. Otherwise you can do a FOIA for her, to get a copy of her entire A file and use whatever she used to adjust under 245(i).

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

Thanks I'll use the items I listed above to show that she was in the U.S. During that time and also the copy of her green card to show she received her green card threw 245(I). :-) thanks again! You've been a lot of help!

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

Update?

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

I am currently waiting for my 245i interview. Can you please tell what questions they asked and what documents you had to show? Which FO?

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

Venus?