Can I be grandfathered and adjust in the US via 245i?

Attorney answers (4)

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   Mario Zapata

   Costa Mesa Immigration Attorney

   Contributor Level 11

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   Answered July 27, 2012 09:19. The acknowledgment letter received by the EDD has been used by several of our client's without problems as proof of having qualifying labor certification filed on or before April 30, 2001. Assuming your mom has proof of her physical presence on 12/20/200, you are arguably protected under 245i as a derivative (ie. you were under 21 and unmarried at time LC filed).
   
   Please note that the USCIS San Bernardino office (the location that would adjudicate your AOS application) has, in the past, argued such letter as not sufficient to prove the LC was "approvable when filed". Thus, I would recommend you seek legal representation to guide you through this process and perhaps be present for your interview.
   
   Good luck!

   Legal disclaimer: (714) 479-1000 Mr. Zapata's response to your question is general in nature, as not all the facts... moreLegal disclaimer: (714) 479-1000 Mr. Zapata's response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Zapata's statement above does not create an attorney/client relationship. less

   • Nicastro Piscopo, APLC

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2. 

   Stephen BermanPro

   Chicago Immigration Attorney

   Contributor Level 19

   

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   Answered July 27, 2012 09:16. If your mother was in the U.S. continuously since December 20, 2000, you seem to qualify as a derivative.

   The above is intended only as general information, and does not constitute legal advice. You must speak with an... moreThe above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case. less

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3. 

   Nicklaus Misiti

   New York Immigration Attorney

   Contributor Level 19

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   Answered July 27, 2012 09:20. It looks promising. Gather your documents and consult with an attorney, as 245i is extremely complex. My firm handles these cases throughout the US.
   Regards,
   Nick Misiti
   Misiti Global
   212 537 4407

   Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... moreLegal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. less

   • www.misitiglobal.com

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4. 

   Javier E Morales

   Miami Immigration Attorney

   Contributor Level 13

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   Answered July 27, 2012 09:24. I agree with my colleague but in order to be sure I suggest you consult in person with an Immigration Attorney so he/she can review the paperwork and make sure the Labor Cert was properly filed and approvable when filed which is part of the requirements you need to meet in order to be grandfathered by your mother's Labor Cert.

   Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as... moreMorales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm. less

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