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Am I grandfathered into section 245i?

Los Angeles, CA |

In 1989 my father became a permanent resident through an i700 petition filed by his employer. I was 6 years old at the time. Am I still grandfathered into section 245i with this petition? Even though he adjusted status through an i700 and not i140. My spouse is a US citizen.

Attorney Answers 4


  1. An immigrant visa petition or labor certification is required to accord Section 245(i) eligibility. An I-700 is an Amnesty/Seasonal Agricultural Worker application.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.


  2. More information is needed to answer your question. Did your father file any type of petition on your behalf? If so, when? If your wife is a US citizen, other relief may be available to you. You should consult with an immigration attorney who can review all the facts of your situation. Good luck!

    The answer above is general in nature and provided for informational purposes only. Specific and reliable answers will require a better understanding of all the facts and information about your case. You should consult with an attorney who can analyze the facts and law specific to your particular situation. Please be advised that the answer does not constitute legal advice and may not be viewed as establishing an attorney-client relationship of any kind.


  3. There is no way to be grandfathered in unless a separate petition had been filed for you as well. In that case what happened with the process? In any event since your spouse is a USC, you might have another avenue for a green card.

    This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship.


  4. To be grandfathered in under 245(i) you must be the beneficiary of a labor cert of visa petition filed on or before Jan 14, 1998, or that was filed after Jan 14, 1998 but on/before Apr 30, 2001 and you were physically present in the US on Dec 21, 2001. The types of forms that labor certs of marriage visas that qualify are an I-130, I-140, I-360, or I-526. Unfortunately, an I-700 won't get it done for you. It helps that you were a derivative at the time, and the I-70 petition was certainly approved before 1998, but it's just not the petition USCIS requires.
    If your spouse is a USC, and you have been in the US for many years without departures, and you have no criminal issues, consider an I-130 marriage visa petition with an I-485 adjustment of status application with an I-601a provisional unlawful presence waiver. It's a lot of paperwork, preparation, and filing fees, but it will get the job done if you meet the requirements.

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