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DAP Forums > DREAM Act > The Lounge

245(i) Physical presence proof - Please help

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#1
05-25-2017, 10:17 PM
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To prove that the applicant was here on December 21st, 2000.

I know about the documents that is accepted from the USCIS website.

Has anyone filed under 245(i) and got approved?

University transcript has just the courses listed and says Fall 2000 and then Spring 2001 but not exact dates. Would this be enough evidence?

Bank statements before and after dates of 12/21/2000? I wonder how close it has to be to 12/21/2000.

State ID says date but they are few years before 2000 and then says valid till a date after 2000.

What about W-2 and/or Federal/State return that has just the years 2000/2001?
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#2
05-25-2017, 11:04 PM
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Use anything you can that is very close to that date. I used 245(i) to adjust my status and I just submitted school records, school report cards, vaccination records from the year 1999-2000-2001 and also the old I-130 showing it was filed and approved at the time 245(I) happened and the $1000 penalty fee and I was approved for my green card, now waiting to become a US Citizen.
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(I-751) Removal of Conditions Delivered: 11/30/2018
Notice of Action: TBA
Biometrics: TBA
Case Ready For Interview: TBA
Interview: TBA (I-751) approved: TBA
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#3
05-25-2017, 11:22 PM
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Quote:
Originally Posted by Venus View Post
Use anything you can that is very close to that date. I used 245(i) to adjust my status and I just submitted school records, school report cards, vaccination records from the year 1999-2000-2001 and also the old I-130 showing it was filed and approved at the time 245(I) happened and the $1000 penalty fee and I was approved for my green card, now waiting to become a US Citizen.
Did you have a Labor Certification before April 30th, 2001?

I was in a University at that time and it only lists the courses I took and grades that says Fall of 2000 and Spring of 2001 and other before and after dates Season and year. I did not have any vaccinations in those years. They were back in 1989-90-92. When was your I-130 filed and approved? Was the I-130 from your parent?

When you say 1999? Wouldn't that be too far out of 12/21/2000?
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#4
05-26-2017, 11:13 AM
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Quote:
Originally Posted by DACA-IR-DA View Post
To prove that the applicant was here on December 21st, 2000.

I know about the documents that is accepted from the USCIS website.

Has anyone filed under 245(i) and got approved?

University transcript has just the courses listed and says Fall 2000 and then Spring 2001 but not exact dates. Would this be enough evidence?

Bank statements before and after dates of 12/21/2000? I wonder how close it has to be to 12/21/2000.

State ID says date but they are few years before 2000 and then says valid till a date after 2000.

What about W-2 and/or Federal/State return that has just the years 2000/2001?
Has anyone got approved under 245(i)? Yeah, the number itself is classified but it's implied to be close to a million.

School records work, state ID works, W-2 works, state returns work. Just send everything from around December 21st 2000. Bank records are great though I think late 2000 might be before everyone just paid with card.

Also note two things:
  1. You have to prove the presence of the primary beneficiary, so if you're claiming 245(i) through a petition filed for a parent you have to submit that they were in US on December 21st 2000. If the petition was filed for you - then include your own evidence.
  2. If the petition/labor certification was filed on or before January 14, 1998 you do not have to prove physical presence at all.
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#5
05-26-2017, 11:50 AM
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Quote:
Originally Posted by Demise View Post

Also note two things:
  1. You have to prove the presence of the primary beneficiary, so if you're claiming 245(i) through a petition filed for a parent you have to submit that they were in US on December 21st 2000. If the petition was filed for you - then include your own evidence.
  2. If the petition/labor certification was filed on or before January 14, 1998 you do not have to prove physical presence at all.
So if someone is grandfathered under 245i through parent's petition but came to US after 2001, can they still use 245i to adjust through employment.
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#6
05-26-2017, 07:26 PM
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I meant people approved on this site that can help.

University transcript has just courses, grades and it says Fall of 2000 and Spring on 2001. No exact dates are on it.

Student ID has no date on it.

W-2 is present but it does not say December 2000. It has the year 2000.
Bank statements for those times can be retrieved.


Quote:
Originally Posted by Demise View Post
Has anyone got approved under 245(i)? Yeah, the number itself is classified but it's implied to be close to a million.

School records work, state ID works, W-2 works, state returns work. Just send everything from around December 21st 2000. Bank records are great though I think late 2000 might be before everyone just paid with card.

There is only 1 Beneficiary. I-130 was approved. USC Mother is the sponsor for 21 and over son/unmarried.

Labor Certicati0n was filed before April 30th, 2001. ETA 750 Part A and B. Evidence is present but Department of Labor only has the hand written date when it was received which was before deadline.

April 12th, 2001

Occ Code is filled.

Occ Title is filled.

It also says RSH/EDD on the left side.

A 4 digit code written.

Is it true that CA was not giving out acknowledgement letters like TX?

Also note two things:
  1. You have to prove the presence of the primary beneficiary, so if you're claiming 245(i) through a petition filed for a parent you have to submit that they were in US on December 21st 2000. If the petition was filed for you - then include your own evidence.
  2. If the petition/labor certification was filed on or before January 14, 1998 you do not have to prove physical presence at all.
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#7
05-26-2017, 07:27 PM
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Quote:
Originally Posted by Demise View Post
Has anyone got approved under 245(i)? Yeah, the number itself is classified but it's implied to be close to a million.

School records work, state ID works, W-2 works, state returns work. Just send everything from around December 21st 2000. Bank records are great though I think late 2000 might be before everyone just paid with card.

Also note two things:
  1. You have to prove the presence of the primary beneficiary, so if you're claiming 245(i) through a petition filed for a parent you have to submit that they were in US on December 21st 2000. If the petition was filed for you - then include your own evidence.
  2. If the petition/labor certification was filed on or before January 14, 1998 you do not have to prove physical presence at all.
Quote:
Originally Posted by moto View Post
So if someone is grandfathered under 245i through parent's petition but came to US after 2001, can they still use 245i to adjust through employment.
Was there any petition filed before April 30th, 2001?
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#8
05-26-2017, 07:49 PM
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Quote:
Originally Posted by DACA-IR-DA View Post
Was there any petition filed before April 30th, 2001?
Application for labor certification was filed before April 30th 2001.
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#9
05-27-2017, 07:48 PM
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Quote:
Originally Posted by moto View Post
Application for labor certification was filed before April 30th 2001.
What state? Did Dept of Labor put a receipt on it or acknowledgement letter?
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#10
05-28-2017, 11:42 AM
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Quote:
Originally Posted by moto View Post
So if someone is grandfathered under 245i through parent's petition but came to US after 2001, can they still use 245i to adjust through employment.
Correct.

Quote:
Originally Posted by DACA-IR-DA View Post
What state? Did Dept of Labor put a receipt on it or acknowledgement letter?
The petition only needed to been filed on or before April 30th 2001, and should've been approveable when filed. Idfk where you're getting this receipt/acknowledgement letter nonsense. If there was none then file a FOIA and get info on that certification.
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