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DAP Forums > DREAM Act > The Lounge

245(I) question "grandfathered derivate beneficiary alien" - Page 4

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#31
10-11-2018, 09:55 AM
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Quote:
Originally Posted by DACA-IR-DA View Post
Did you get AP? If yes, you could return to USA with POE.
No, I didn't do AP. I thought that's the purpose of being grandfathered into 245(i), I wouldn't need AP?
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#32
10-11-2018, 03:37 PM
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Quote:
Originally Posted by JayR9 View Post
No, I didn't do AP. I thought that's the purpose of being grandfathered into 245(i), I wouldn't need AP?
245i and DACA are separate benefits.

AP would have gave you a POE.
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#33
10-11-2018, 04:03 PM
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Quote:
Originally Posted by DACA-IR-DA View Post
245i and DACA are separate benefits.

AP would have gave you a POE.
So you're saying I can't get married and qualify under 245i because my father filed a labor certificate in 2001?
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#34
10-11-2018, 04:36 PM
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Quote:
Originally Posted by JayR9 View Post
No, I didn't do AP. I thought that's the purpose of being grandfathered into 245(i), I wouldn't need AP?
Quote:
Originally Posted by JayR9 View Post
So you're saying I can't get married and qualify under 245i because my father filed a labor certificate in 2001?
How old were you when the Labor Certification was filed?
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#35
10-13-2018, 09:58 PM
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Anyone?
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#36
10-16-2018, 11:29 PM
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Quote:
Originally Posted by DACA-IR-DA View Post
How old were you when the Labor Certification was filed?
I was 11 years old
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#37
10-17-2018, 01:36 AM
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Quote:
Originally Posted by JayR9 View Post
I was 11 years old
You can't get LC at 11. Legal limit to work is at least 14.
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#38
10-17-2018, 04:58 PM
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Quote:
Originally Posted by Demise View Post
She would need to be under 21 (so 20 years and 364 days or younger) as of the date the petition was filed to qualify.
But that was to qualify as a relative then, she now has another qualifying petition-- does that still apply?
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#39
10-17-2018, 07:10 PM
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Quote:
Originally Posted by DACA-IR-DA View Post
You can't get LC at 11. Legal limit to work is at least 14.
My father filed the LC when I was 11 years old. Am I not grandfathered in as a beneficiary?
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#40
10-17-2018, 07:23 PM
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My understand is that if you were a beneficiary, you are grandfathered in. In other words if your father was petitioned prior to the cut-off point and you were a minor at the time and would have been his beneficiary at that point, you are also locked in. It doesn't mean that the petition was for you directly.
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