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Immigration Issues/245(i) derivative beneficiary

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Question
Hello! My spouse’s mother is the primary beneficiary of an I-130 filed by her USC son (my spouse’s brother). The I-130 was properly filed on April 24, 2001 and approved on March 23, 2002. As far as I can read, my spouse can be considered a “derivative” grandfathered 245(i) beneficiary since the relationship as daughter was present at the time her mother’s I-130 was processed and despite her now being over 21 years old, she is still grandfathered for purposes of 245(i). Is this true and can she be considered grandfathered through the petition made for her mother. Thank you!

Answer
David,
The answer is YES. Your spouse will be considered grandfathered since an ""aged-out" beneficiary will remain a beneficiary for the purpose of determining whether he or she may use section 245(i) to adjust status".

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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