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

Venus · 07-26-2016, 12:12 AM

Quote:

Originally Posted by Demise

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.

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)