LEGAL GUIDE
Written by attorney Javier G Pineda | Oct 20, 2011

Grandfathering under section 245(i) of the Immigration & Nationality Act.

1) Difference between 245(i) Pre-January 14, 1998 and 245(i) post January 14, 1998 - April, 30, 2001. Physical presence in the United States on December 21, 2000 is required for post January 14, 1998.

2) "Grandfathered" - who is grandfathered. Principal and derivative beneficiaries of immigrant visa petition or labor certification filed on or before 1/14/1998. Physical presence not required.

Principal and derivative beneficiaries of immigrant visa petition or labor certification filed after 1/14/1998 or before 4/30/2001. Physical presence on 12/21/2000 required by principal beneficiary. After acquired dependents may adjust under 245(i) but are not independently grandfathered.

3) Qualifying Petitions - Properly filed and approvable when filed. I-130, I-140, I-360's and I-526 (section 204) and labor certification. Legalization, amnesty, asylum, diversity lottery, TPS do not serve for grandfathering.

Additional resources provided by the author

www.uscis.gov http://section245i.com/

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