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Immigration Issues/245i grandfathered provision

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Question
My brother filed I130 for me before April 30 2001 and the priority date is still not current. My mom did one for me after the 245i deadline and was on 2002. My mom's petition is now current. Can I file I485 from my mom's priority date using 245i benefit? If so, how do USCIS know that I have a another petition is benefit under 245i?

Answer
Hi,

If you were present in the U.S. prior to Dec. 21, 2000 when your brother filed I-130 for you, then you are "grandfathered" into sec. 245(i), and can adjust status (I-485) based on the priority date of your I-130 being current. With your I-485 you can attach I-130 receipt or approval through your brother and a letter stating that an I-130 petition was filed prior to May 01, 2001 and thus you are covered under sec. 245(i) even though you are adjusting status based on another I-130 filing.

You can call our law firm during business hours at 212-268-3580 or email info@h1b1.com

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Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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