Blog Topic

You and Family Becoming Legal in the U.S.?245i Eligibility and Grandfathering
Posted by: ScottMond Law Firm
December 23, 2010

INA 245(I) is the latest grace extended by the U.S. government to legalize anyone in the United States(back in April 2001) who overstayed their current U.S. visa or walked across the border without inspection (EWI). The benefits continue on today, and are often helpful to adjust clients to U.S. permanent residents even as we approach 2011.

In order to be considered grandfathered under 245i, an alien must satisfy the following requirements pursuant to 8 CFR 245.10:

1) The alien was the beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001.
2) The qualifying immigrant visa petition or the qualifying application for labor certification was "properly filed" and "approvable when filed".
3) The principal alien was physically present in the United States on December 21, 2000, if the alien's qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001.

Once it is determined that an alien is grandfathered, they remain grandfathered until they are eligible to adjust through almost any means. In other words, an alien may adjust when a visa number is available, if they win the diversity visa lottery, or if they become the beneficiary of an I-140 or I-130 to name a few examples.

Whether one's spouse or children are grandfathered or may adjust depends if they fall into one of 3 categories.

1st Category: If the grandfathered foreign national was married to his or her spouse at the time they became grandfathered pursuant to 245i, then the spouse is grandfathered and able to adjust status.

2nd Category: If at the time the foreign national was grandfathered he or she was NOT married, his or her spouse is NOT grandfathered. But if the foreign national is married when they adjust status, their spouse may also adjust as a beneficiary.

3rd Category: If at the tine the foreign national was grandfathered and adjusted status he or she was not married, and then their spouse or child will not be eligible to adjust status.

Please note that the rules for spouse also apply to children who are not permanent residents. If you have any questions you may email us at info@scottcclaw.com or contact us at one of our offices in the DC, VA, MD area. You will find our telephone numbers and locations listed on our website at http://www.scottcclaw.com/.

ScottMond Law Firm

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Immigration News- Dream Act
Posted by: ScottMond Law Firm
December 09, 2010

Imagine, you are 16 years old and excited to finally get your driver's license but suddenly you find out the worst! Or you have dreamed your entire life about becoming a doctor, nurse or engineer and followed good advise "just get good grades in school" and you will succeed; you do all this only to find out the roadblocks you face to a post secondary education and career are often insurmountable.

Without the Dream Act, millions of undocumented young women and men who were brought over the border illegally by their parents while they were infants or children have not been permitted to get a driver's license or funding needed for a college education. Often parents who brought their children over illegally do not share this with their children unless it is absolutely necessary. The children enjoy a normal life in the United States believing all is well.

The Dream Act addresses this major problem and today the U.S. House of Representatives voted to pass the American Dream Act. The legislation will provide undocumented young women and men who were brought to the U.S. illegally a path to citizenship if they attend college or serve in the military.

The legislation has many different aspects and requirements, none of which are discussed here. If you have any further questions you may contact our office at info@scottcclaw.com or call us at one of our offices in Virgina, D.C, or Maryland.

ScottMond Immigration Law Firm

(703)955.7998/301.251.4003/202.296.0122

http://www.scottcclaw.com/

info@scottcclaw.com

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