Aos through Employment - Page 2

Well, they might have been grandfathered by 245i. (I think the cutoff was in 2001 or something). So yeah, if your dad did send in an application for adjustment of status prior to the cutoff, it may be possible.

Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for
Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition
for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or
Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur")
filed with the INS on or before April 30, 2001, (either received by INS or, if
mailed, postmarked on or before April 30, 2001) or
Be the beneficiary of an application for labor certification filed with the
Department of Labor (DOL) according to DOL rules on or before April 30,
2001, and
ƒ Also have been physically present in the United States on December 21, 2000,
if the qualifying visa petition or labor certification application was filed after
January 14, 1998.


If your dad filed any of these prior to 4/30/2001 (or somebody filed for him), then yeah.

But he didn't. So he is being misinformed.

It'll be impossible for you to get around the labor certification process that this entails. Trust me. I've gone down this road.

Follow up question:

Is there way to find out if my father is grandfathered under 245i and, as his daughter, I am as well via derivative beneficiary? I was already born and in the US when my father supposedly filed for a PERM labor certificate. Reason I say supposedly, is because his lawyer was a piece of crap that screwed up my dads employment visa app back in late 90's early 00's. If we submit a FOIA request would we be able to know if the PERM cert was ever actually filed...

My employer would actually like to get me a GC via employment visa ASAP, but we've hit that well known roadblock of DACA recipients not having a current legal status.

Labor certification is not hard if you have a legit job and a good lawyer. I just got my I140 approved last week. It's not impossible, the hardest part is the waiver.