Grandfathering 245(i)

[triplethreat 0]

Hi everyone! I need help on how I can establish my eligibility on grandfathering 245(i) thru the petition filed to my mother by my USC grandfather. In 1982, my grandfather, who is LPR at that time, filed for a petition for my mother before she turned 18. In September 1988, her priority date became current, but she got married to my father even before she adjusted her status and gave birth to me in 1989. That automatically voids the first petition filed to her. In 1992, my grandfather was naturalized and in 1995, another petition was filed for my mother as a married child of a USC that includes me, my father and other sibling as her derivatives. My grandfather/petitioner died in 1998.

Based on the timeline of my mother's petition, I believe that I might be eligible in grandfathering 245(i) based on the old version. Can anyone help me on what should I do with my case? My mother only have a few documentations that's left. How can we obtain copies of her immigration files and where should request one? In USCIS, NVC or in the Philippine US consulate? Thanks a lot!

[aleful 1,905]

hi

are you in the US, the 245i would only worked if you have been in the country since or before Dec 21st, 2000

the petition you would need is the one where he filed the petition as a married child of a USC, the other was voided and that's why there was a need to file a second petition

the only way a petition can be filed for you is if your grandfather's possessions they found a copy of the original i130 sent to USCIS, where he wrote your name as a derivative on your mom's petition

uscis could only give you a copy of the approval, but your name wouldn't be on it because the approval notice only has the beneficiaries name and not all the derivatives

the consulates have nothing to do with this because the 245i law is to adjust status in the US by paying a fine

hi

another question, why would you need grandfathering and who would be petitioning for you?

[triplethreat 0]

Thank you for your reply! I am currently in the US. My husband is a LPR and the earliest he could file for his naturalization is August 2016. I am not eligible to adjust my status here since I am already out-of-status, and if I go back to the Philippines I will be barred from returning here in the US for 10 years. We are looking for options on how I could legalize my stay here so we could start our life anew.

[aleful 1,905]

hi

you aren't eligible for the 245i because you have had to live in the US all this time before 2001

since when have you been in the US, since 1995?

if you legally entered the US, then you will have to wait until your husband naturalizes and then files for you

if you leave, you will have a 10 year ban, but it can be overcome with a waiver and a hardship letter from your husband

[triplethreat 0]

I will be adjusting based on the old version of 245(i) which has no requirement that an alien be "physically present" in the US to qualify under the original version because the petition was filed on or before January 14, 1998.

[aleful 1,905]

hi

you cannot do that because the petition was voided, there has to be an eligible petition and valid petition, residents cannot petition for married children, so that petition was voided an cannot be used, it wasn't a valid petition. there is no category for married children of a LPR

you can use the 1995 petition but you weren't in the country before 2000

and in second place derivatives aren't required to be physically present, but you aren't a derivative petition anymore you will be a beneficiary and as a beneficiary you are required to show proof, you will need the i485A to pay the $1000 fine

immigration still may require you to show proof you were in the US

do you have the original i130 copy of the 1995 petition?

Edited May 26, 2014 by aleful

[triplethreat 0]

I don't have the original copy of the I-130 filed for my mother in 1995. I am actually looking for ways on how I can obtain copies of her files so we could go to a good lawyer and them review my case including my eligiblity.

[Cuterlips 0]

You will need to do a Foia request to receive immigration documents. Check here for the documents

http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

[Cuterlips 0]

I am having the same problem. I have been in the USA permanently since 1998. My mother was being filed for by her mother since 1993. The i130 for my mom was approved in 1993. it turns out that when my mom finally was called to do her interview myself and most of my siblings had gone over the age of 21 and as a result would not receive a green card with my mom. Luckily, my sister was still under 21 and she received a green at the same time my mother did. I did a foia request for the initial i130 my grandmother filed and received a computer generated copy on cd, but I don't see any of my siblings or myself listed on it. I really am baffled, because my sister received her greencard, so her name must have been on it? Anyways, I am stuck in limbo. My dad filed my i130 in 2006 and long story short I did my interview in September. My status changed from testing and interview back to initial review. I have been waiting close to 1 year for an approval. Goes to show the lack of empathy the people working on my case have. It is really frustrating. I would rather hear something, anything... Than be kept in the dark. It is truly horrifying. I hope you will be able to get the answers you seek. Good luck!