Grandfathered Alien

Section 245(i)

Certain foreign nationals can adjust status in the U.S. despite entering without inspection or being otherwise barred from adjustment of status if they are grandfathered by a visa petition or application for labor certification filed after January 14, 1998 and on or before April 30, 2001.

To be eligible:

  • A petition (Form I-130, I-140, I-360, or I-526) was properly filed on or before April 30, 2001, and which was “approvable” when filed; or
  • An application for labor certification (Form ETA 750) that was properly filed on or before April 30, 2001, and was “approvable” when filed (petition was meritorious and non-frivolous at the time of filing);
  • A visa petition that was approvable when filed, but was later withdrawn, denied or revoked that arose after filing, will preserve the grandfathered status if the alien is otherwise eligible to file an adjustment of status application;
  • Is physically present in the U.S. on December 21, 2000;
  • Is eligible for immigrant classification and has an immigrant visa number immediately available at the time of filing for adjustment of status; and
  • Is not inadmissible or all grounds for inadmissibility have been waived

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