Being grandfathered into section 245-I.

Asked about 2 years ago - 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)

  1. Mary Carmen Remigio Madrid-Crost


    Contributor Level 18


    Lawyers agree

    Answered . 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:; skype: usvisalaw 10 S. La Salle Street,... more
  2. Ayoade Adewopo

    Contributor Level 5


    Lawyers agree

    Answered . 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
    *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.

  3. Dhenu Mitesh Savla


    Contributor Level 17


    Lawyers agree

    Answered . 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

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

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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