WebApr 15, 2024 · According to 245i as long as you filed before 4/30/2001 then I think that primary beneficiary and any derivative beneficiary should be eligible to apply for AOS. She eventually got her LPR status through my sister who is a USC No derivative is ever eligible if there is no principal getting a visa/adjusting status/whatever. WebJun 10, 1999 · The exception is for those filings that meet the "approvable when filed" standard notwithstanding the denial. Each grandfathered beneficiary, including those qualifying to ride as derivative beneficiaries, is then entitled to one section 245(i) filing, and may adjust only once under section 245(i) based on the pre-January 15 petition.
245(I) question "grandfathered derivate beneficiary alien"
WebAug 17, 2001 · Substitution of a Beneficiary on an Application for Labor Certification Should Not Affect Grandfathering. Section 245.10(j) of the interim regulation provides that an alien who was previously the beneficiary of an application for labor certification but was subsequently replaced by another alien will not be considered to be grandfathered ... WebAug 26, 2024 · So, can I file I-485 and be covered under 245(i) as a derivative beneficiary? More . Immigration Green cards Adjustment of immigration status US visas Employment Form I-485 (adjustment of status) Show 3 more Show 3 less . Ask a lawyer - it's free! Browse related questions. 1 attorney answer. how to show a rental property
BIA Decision Narrows the Scope of 245(i) Grandfathering for …
WebSep 22, 2010 · In a recent case (Matter of Legaspi), Michael Legaspi, a Filipino, married in 2003 a lawful permanent resident who was a grandfathered alien under Section 245(i). The spouse was grandfathered because her paternal grandfather had filed a visa petition for her father in 1987 and she was a derivative beneficiary of her father. WebMar 1, 2024 · Is there any benefit to being a derivative beneficiary of 245 (i) who is not "grandfathered?" Yes, derivatives who aren't grandfathered may still use 245 (i) to adjust status, but only as the dependent of the principal beneficiary. WebApr 23, 2014 · To be eligible for 245 (i), the foreign national must have had an immigrant visa petition or labor certification filed on her behalf prior to April30, 2001, be … how to show a ratio