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DAP Forums > DREAM Act > The Lounge

anyone know anything about INA 245(i)

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#1
07-16-2009, 10:15 PM
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veritas
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I came across this law where people here can file for green card by not going back to their country of origin and through the consular procedure. then i read how this law is eligible to certain types of illegal aliens, but kind of lost myself...anyone know anything about this?
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#2
07-16-2009, 10:34 PM
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Abaddon
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Nope. To be eligible for consideration I believe this expired in April of 2000.
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#3
07-16-2009, 11:08 PM
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www785
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I'm depending on this provision for my petition. To be eligible, you must have been a beneficiary of a petition filed before April 30, 2001. In my case, I was listed as a dependent under my mom's name in a petition filed for her by my US-citizen aunt. Once this is established, you may be sponsored through any type of green card petition without having to return to your native country and must pay a $1000 fine. My mom finally became legalized this way via my US-citizen sister. I just hope my eligibility wasn't voided.
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#4
07-17-2009, 12:30 AM
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Quote:
Originally Posted by www785 View Post
I'm depending on this provision for my petition. To be eligible, you must have been a beneficiary of a petition filed before April 30, 2001. In my case, I was listed as a dependent under my mom's name in a petition filed for her by my US-citizen aunt. Once this is established, you may be sponsored through any type of green card petition without having to return to your native country and must pay a $1000 fine. My mom finally became legalized this way via my US-citizen sister. I just hope my eligibility wasn't voided.
I think as long as someone has petitioned to prior to April 2001, you'll be fine. You should ask a lawyer if it counts as being petitioned since you were just a dependant and not the beneficiary. Hopefully, it does count and you can have your mom file a petition for you ASAP.
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#5
07-17-2009, 12:53 AM
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@www785

It should count,It is just "Derivative Grandfathering".You can check out more here from USCIS concerning specifics.
Quote:
An alien who is accompanying or following to join an alien who is a grandfathered alien is thus also the "beneficiary" of the grandfathered petition or labor certification application and is also grandfathered.

Since an alien's ability to characterize himself or herself as “accompanying or following to join" the principal alien depends on the existence of a qualifying relationship at the time of the principal's adjustment, adjudicators must determine whether the relationship existed prior to the time the alien adjusted status. Officers should remember that the burden of proof to establish the qualifying relationship rests with the applicant
.

The spouse or child of a grandfathered alien as of January 14 is also grandfathered for 245(i) purposes. This means that the spouse or child is grandfathered irrespective of whether the spouse or child adjusts with the principal[/b]. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as by divorce or by becoming 21 years of age.

Many aliens with pending, grandfathered petitions or labor certification applications will
marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status.
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#6
07-17-2009, 01:17 AM
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hey guys... does anyone feel like due to your status, you have somehow gathered this ability to read, interpret and navigate the laws a little too well?

I know my family went through about a dozen lawyers in two states, some that were economy priced, some that were rather expensive and some with their own radio shows before they set with a lawyer that at least did not mess up in their interpretation immigration laws somewhere. (its scary where they messed up too, some would have actually screwed any chance my parents would have of becoming legal residents and their solutions probably have deported them if it were implemented).

btw, according INA 245 (i) (1) (B) it would seems that if you were the dependent child of the principal "alien" that was under consideration you might be covered, of course the letter of the law seems to have some provisions which are starting to give me a head ache as I have slept very little but you are welcome to be the judge. Here is the entire INA act

http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

just go to act 245 and look for (i) etc, etc,
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#7
07-17-2009, 02:54 PM
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www785
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Quote:
Originally Posted by Ianus View Post
@www785

It should count,It is just "Derivative Grandfathering".You can check out more here from USCIS concerning specifics.
Good to know. I was petitioned by my mother in summer 2006 before turning 21, so, along with the CSPA ruling, I've got about 2 years left waiting in the F2A category before a visa is available and it can be reviewed for approval.
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#8
07-18-2009, 09:02 PM
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You should ask: http://immigrate2us.net/forum/index.php? for immigration concerns.

Those people are usually really helpful.
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#9
07-19-2009, 01:53 PM
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ibrahim
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before i knew about the Dream act my lawyers kept telling me they were gonna bring back this law, not to worry and its been damn near 8 years and im still waiting as everyday passes i contemplate more and more leaving this country.
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#10
07-19-2009, 10:24 PM
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Quote:
Originally Posted by ibrahim View Post
before i knew about the Dream act my lawyers kept telling me they were gonna bring back this law, not to worry and its been damn near 8 years and im still waiting as everyday passes i contemplate more and more leaving this country.
well... the past 8 years Bush was president, and the house and senate were republican controlled. Now, there is a democrat for president, the house and senate are democrat controlled, and the last time the dream act came to voting it did not pass by 8 votes (or was it less), then they sweetened the act by adding more limitations set by one of the people that voted against the act, and more people are starting to push this act. I think that the potential for the act passing has not been higher then now, specially with the positive and increased media coverage the act has received. At least I feel like I hear it more often, but then again I am in a very latin place with a high immigrant population, which could affect the media coverage compared to some immigrant unfriendly state.
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