Quote:
Originally Posted by Demise
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.
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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
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