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#1
02-22-2019, 12:07 AM
Senior Member
Joined in Mar 2017
167 posts
ExMachina
There's some confusion as to what it means to be a grandfathered derivative beneficiary, I was hoping some of you good folks here can help clear this up for me.

I'm grandfathered in as mentioned, and was 12 at the time the petition was approved in 2001. I've since married and divorced, am currently an unwed over 21yo single adult son of a PR (mother) and USC sister.

My sister claims I'd get a EAD if my mom petitions me (this is 2 years from now when she becomes eligible for citizenship). It took my mom 3 months to get hers while her residency was in process.

She says I'd be considered the same age I was when 245i was approved so immediate relative to the petitioner even though I'm currently 31.

I've read before that while I'm grandfathered for life and can use 245i to adjust from now until kingdom come, I'd still be considered a non-immediate relative because of my CURRENT age.. And no EAD in such a scenario.

Who's right and who's wrong?

I read my legal advice on an immigration law blog. She read hers from a firm specializing in 245i related cases:
http://www.sarmientoimmigration.com/...igration/245i/
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