245i Grandfather clause

So.... I have heard that you can get sponsored under 245i if your parents filed for it... my parents say that I have been claimed in that 245i... does that mean when I graduate nursing school I can be sponsored by a hospital to get legalized? I was pretty young at the time, way before age 21... is there a current lawsuit on this case???

I have searched the forum but still pretty confused, any info would be greatly appreciated.

245i is a law that lets you adjust your status inside the US. 245i expired on April 2001. This means that only those petitioned before 2001 are covered(grandfathered) under 245i. In your case, as a child of a person who is grandfathered under 245i, you are also grandfathered.

So yes, you can get sponsored and adjust your status in the US. But it's not as easy as it sounds. Lookup labor certification/PERM and employment-based petitions to learn more about it.

that's crazy, just the fact that I have a chance to do that???? That's nutso crazy!!!! I'll look that up, thanks

ok, we've heard of this before but do we know anyone who actually got legalized under 245i? Any dreamers I mean... how long would the process take, etc... just sounds too good to be true...

Like I said, it's not as easy as it sounds. Employment-based visas take a very very long time...years. It's a long process with various steps.

About 245i, 245i is essential to those who entered without inspection. Without it, they must go home to their home country to adjust their status. So if you've grandfathered 245i, you can adjust your status inside the US either through a family, marriage, or employment-based petition.

It isn't worth it unless you have employment sponsorship that requires a Master's degree.

right but Ianus, what are my chances of petitioning as a nurse? There are plenty of places in U.S. where shortage of nurses are critical (even in this economy), wouldn't that help since my job is in the category A where the need for workers are there?

hmm... I guess it takes so long it's not worth it?

also if I start the process (petition) does that mean I can't leave the country? Since leaving the country would mean the petition is over? I sorta want to apply for the petition and seek other means (go to another country to immigrate) as a back up.

I have done researched on this. Who kind of folks would have qualified? I know you had to pay a $1,000 fine?
If either parent had a GC/US Citizen statys and you are under 21, then you shoul qualify based on family based.

Sorry geronimo610 my mistake,I kept thinking about Nurses being only in the EB3 Category when I forgot there were multiple categories & associated timelines within Employment Based visas since I'm mainly good with Family Based categories,not really employment based......

The only problem that could arise is would you meet the cut for the yearly 50,000 Schedule A visas.When there aren't anymore Schedule A visas allocated for the year nurses retrogress to the general EB3 category making the wait possibly longer.However,I have no idea how they would choose individuals waiting in the general Eb3 category for their shot at Schedule A.

Generally speaking you'd be set if you can successfully prove 245i grandfathering while trying to make the Schedule A visa cut by your future employer.
You wouldn't be able to immigrate to another country if your petition is pending.It would be considered abandoned since you wouldn't be technically working for the employer[Hosptial or clinic] anymore while 245i only works inside the United States,then there is the 10 year immigration bar.

It is actually best for you to stay in the US while the application is pending.The reason being is if you have a petition pending in the US you should try showcasing your pending immigration application[receipt] to the Embassies of the countries you'd like to consider as "options" so they maybe willing to also process your other applications with them here in the US without leaving......

I believe there is a shortage of Registered nurses so your chances of sponsorship appear good despite the economy.