Originally Posted by Demise Yes you can include such a letter. Prior to retaining our firm, her U. Find all posts by Demise. This law allowed immigrants who had labor certifications or visa petitions filed on their behalf between and April 30, , to qualify for adjustment of status. After consultation, we determined that she is eligible for adjustment of status under INA i , if we can only show physical presence in December
This means that the spouse or child is grandfathered irrespective of whether the spouse or child adjusts with the principal. This physical presence requirement is waived for those whose petition was filed on or before January 14, or who are derivative beneficiaries. Our client contacted us around September of for consultation and sought legal assistance for their adjustment of status. As some of you know, priority dates for Philippine nationals under the family-based immigration category are more retrogressed than other countries. They were wrong and the denial notice did not mention the fact that our client was ineligible for i. Our client contacted us around February of for consultation and sought legal assistance for her case.
Our client contacted us around May for consultation and sought legal assistance for his adjustment of status application. There was another precedent before this, however this ruling just affirmed it.
There was no RFEs even. Our client retained us on October 14, Our client is from India who came to the U.
(I) question “grandfathered derivate beneficiary alien” – DREAM Act Portal Forum
Prior to the interview, we thoroughly prepared our clients via conference calls. As some of you know, priority dates for Philippine nationals under the family-based immigration category F4 are more retrogressed than other countries. The Bach memorandum specifies that even if she is aged out, our client is still considered a beneficiary for purposes of adjudication under INA section i.
Why do I need to prove my mothers presence for I? The interview 24i5 well, and her adjustment of status application was approved on February 26, Citizen at the time he has passed on and my birth certificate showing my mothers name for “child and mother relationship” existed on and before and after December 20 and also including prove of my presence in the U.
2245i Do I qualify? Prior to retaining our firm, her sister filed an I petition for her back in Attorney Sarmiento met them in the Washington DC area.
After consultation, we determined that she is eligible for adjustment of status under INA i and the priority date for her case was current for November When she came to the United States, she was only 3 years old. We also argued that since the petition was filed before January 14, that our client does not need to prove physical presence in the United States on Cofer 21, The BIA confirmed the long-standing USCIS policy that both principal and derivative grandfathered aliens are independently eligible to apply for section i adjustment of status and either may be the principal adjustment applicant under that section.
Originally Posted by Venus Ok so I need to find proof my mother was here on or about December 21 ? Family and Relative Immigration.
Your physical presence in irrelevant. In our brief in support, our office argued that our client is the beneficiary of an approved I petition filed before January 14,by virtue of the I filed for her mother in including her as a derivative when she was only 13 years old.
Our Filipina client came to the U.
However, her first husband left her while pregnant, and the I was denied. Also feel free to contact our office anytime for free consultations. She cleaned houses when she first came. Such spouses and children are able to benefit from section i of the Act by virtue of their status as dependents under section dwhich provides that a spouse or child who is accompanying or following to join a principal beneficiary of an immigrant visa is entitled to the same status as that alien.
Immigrants are barred from adjusting their status if they entered the United States without first being inspected and admitted by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in 245j country, with certain exceptions. Originally Posted by Venus.
I am filing this green card application based on marriage to a U. This physical presence requirement is waived for those whose petition was filed on or before January 14, or who are derivative beneficiaries. On July 11,our office filed her I adjustment of status applications under the i category for our client with the approved I petition. I have some old vaccination lehter with her name on it as my parent guardian after and before and also some of my old report cards from school as a kid with her name listed on them as my parent guardian and her signatures on them as well.
245(I) question “grandfathered derivate beneficiary alien”
When the I was petter, our client was only 13 years old which made her a derivative beneficiary. For an alien to independently qualify for adjustment of status under section i of the Immigration and Nationality Act, 8 U.
After Augusther H-1B visa expired and she overstayed her status.