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?
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).
Since your father was physically present at the time of the initial filing, you'll be grandfathered. Contact an attorney soon to assist you.
Ayoade (A.Y.) Adewopo, Esq.*
Attorney at Law
Adewopo & Associates LLC, Legal Counselors
2805 E. 96th Street
Indianapolis, IN 46240
*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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