245i Question

UPDATED: June 2011

Okay, I know the 245i law has been discussed countless times, but everyone has a different and unique situation, so I felt it was necessary to start a new thread.

I just turned 21 years old this past March. I am married to a USC (also 21yrs old). We have not submitted our I-130 yet, but will be doing so very soon.

I'm not going to go into how I entered the USA but I am from the Dominican Republic and I entered in 1999 at the age of 9. I have concluded and realized that I would be considered an "entered without inspection" case.

My grandmother had an I-130 filed for her back in 1995, by her mother (my great grandmother) and she finally made it to the US back in 2003. Although my mother did not benefit from this petition, she was in fact listed as her daughter in the petition at the beginning of the process. There is a slight chance that I was listed as her son as well, because I was 5 years old at that point. My thing is, am I a beneficiary of hers under the 245i law? I have been dreading the idea of having to go back to the Dominican Republic for my Visa appointment, which in part, is one of the reasons why my wife and I haven't started the AOS process yet. If I am in fact a beneficiary, it would make things so much easier.

Thanks a lot in advance to anyone who replies.
PS. Sorry if my wording of "legal terms" is a bit off.

I am not a lawyer but I would assume that no, you will not benefit from your grandmother's PR application, just based on the definition of derivative beneficiary (spouse and minor children of the principal alien who was petitioned for). Hopefully someone will have more information on this.

Anyway, have you consulted with a lawyer, at least about your fraudulent entry as a minor? If you haven't, here's a link for free legal services in your state: http://www.justice.gov/eoir/probono/freelglchtNY.htm. I'm assuming you're from New York based on your screen name, so correct me if I'm wrong.

Thanks for replying, yes I am from NY.
Unfortunately, I think you're right.
Thanks for that link, will definitely put it to use.

Was your great-grandmother a USC or a PR? I've read a couple of cases on Carl Shusterman's website about deriving US citizenship from great-grandparents: http://www.shusterman.com/citizenshi...ghparents.html

It's a long shot, but you never know.

Yes, she was a LPR. Thanks, I'll look at it.

if you marry a USC you don't have to be grandfathered under 245i

If you want to adjust status in the U.S. yes you do

I don't know about 245i, but I read about a grandfather's application being used to benefit a 30 year old granddaughter under CSPA, I know it sounds legally impossible but here it is, Also I know you're asking about 245i and not CSPA, but who knows maybe you have a different application for another relative somewhere, or it could help someone else that reads it.

My mother and I spoke to a lawyer and he told us that WE could BOTH benefit under 245i via her mother (my grandmother). Is he nuts or what?

Dimelo loco.....

To answer your question, no, you don't benefit under 245i unless there are other circumstances in your case we are not aware of.