Who is a Grandfathered Alien? (pt.2)
QUESTIONS AND ANSWERS REGARDING 245(I) AND WHO IS "GRANDFATHERED."
BACKGROUND: From October 1, 1994 to January 14, 1998, any alien who had violated the US Immigration laws (for example, being here illegally or working without INS permission) willing to pay a penalty fee (currently $1000) could generally apply for their green card in the United States through a procedure called "adjustment of status." Changes in the law now limit the class of aliens eligible to use this law. Currently, in order to take advantage of Section 245(i) an alien must be the beneficiary of an INS immigrant visa petition filed with the Attorney General or a labor certification filed with the Secretary of Labor on or before January 14, 1998. Such alien is called a "grandfathered" alien.
Q. I am a grandfathered alien. If I get married today to someone who also has children, are they grandfathered?
A. Yes. As long as you are married before your "adjustment of status" is approved, both your new husband or wife and children are also grandfathered.
Q. A company filed a labor certification for me prior to January 14, 1998. What if that company goes out of business. Am I still grandfathered?
Q. My mother filed a green card petition for me with the INS prior to January 14, 1999. She died before the petition was approved. Am I still grandfathered?
A. Yes. As long as it was approvable at the time of filing you are grandfathered.
Q. I am a grandfathered alien. My child was 20 years old when the company filed a labor certification for me. What if my child turns 21 before I am able to adjust. Is my child over the age of 21 still grandfathered?
A. Unfortunately the child will not be able to get the green card with you if the child is over 21 years old. On the bright side, the child is grandfathered.