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Being grandfathered into section 245-I.

Indianapolis, IN |

I entered the country when i was 9 years old (EWI) Now im engaged to a US citizen. My uncle filed a I-130 form for my father on april 23, 2001 and the petition was accepted in 2006, my father has been here without status since 1999. Am i grandfathered into 245-I? What if i wansnt physically in the us on Dec 2000?

Attorney Answers 3

Posted

Accoding to Matter of Ilic, 25 I&N Dec. 717 (BIA 2012), the Board of Immigration Appeals, the ruling is that “the principal beneficiary of the qualifying [i.e., grandfathering] visa
petition must satisfy the requirements for grandfathering, including the physical presence
requirement of section 245(i)(1)(C) of the Act, if applicable”.

Your father (principal beneficiary of the qualifying immigrant petition) met the requirements of 245(i) - petition on his behalf was filed on or before April 30, 2011 and he was physically present on December 21, 2000 - and you were a derivative beneficiary then. As such, you are grandfathered under 245(i).

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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2 comments

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

Oops, forgive the typos. t should read... the Board of Immigration Appeals ruled that.... On the second paragraph, third line, it should read "before Aril 30, 2001.."

Ayoade Adewopo

Ayoade Adewopo

Posted

I agree with my colleagues. An immigration attorney can assist you with the process.

Posted

Was your father physically present? If yes, and if this can be proven, then you are okay. Contact an immigration attorney, whether myself or a colleague, to assist you two. Good luck!

Dhenu Savla, Esq.
SwagatUSA, LLC
www.swagatusa.com/attorney

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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Posted

Since your father was physically present at the time of the initial filing, you'll be grandfathered. Contact an attorney soon to assist you.

Sincerely yours,
Ayoade (A.Y.) Adewopo, Esq.*
Attorney at Law
Adewopo & Associates LLC, Legal Counselors
2805 E. 96th Street
Indianapolis, IN 46240
Office: +1-317-759-4821
cell: +1-317-600-1422
Fax: +1-317-816-7304
aadewopo@adewopolaw.com
*Also admitted as a Solicitor in England & Wales

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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