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

San Bernardino, CA |

My mother filed a labor certification before the deadline 04/30/01. The ETA 750 form was received by California EDD (have receipt letter and copy of application sent) My mom did not do anything with it since... the company she applied under was sold in 2010. I am an EWI, around the year 1990. Been here since and am now 23. I am married to a US Citizen. Can I use the grandfather 245i so I can adjust in the US?

Attorney Answers 4


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 attorney to discuss your individual case.

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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 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.

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It looks promising. Gather your documents and consult with an attorney, as 245i is extremely complex. My firm handles these cases throughout the US.
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 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.

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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 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.

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