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Thread: 245-I grand-fathered

  1. #1
    Guest
    Somebody told me that after a lost 245-I green card case I can still file for a brand new green card under 245-I umbrella for a new employer - so called 245-I grand-fathered?

    Is that true or a bullshit ?!?

  2. #2
    Guest
    Somebody told me that after a lost 245-I green card case I can still file for a brand new green card under 245-I umbrella for a new employer - so called 245-I grand-fathered?

    Is that true or a bullshit ?!?

  3. #3
    Guest
    That is true. To be grandfathered under sec. 245(i), the petition must have been "approvable when it was filed." So even though your petition was later denied, in my view, you are still grandfathered under 245(i).

  4. #4
    Guest
    Lawyers do not agree with each other.

    My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
    Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
    Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
    submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until
    245(i) is reinstated by the Congress."

    Am I still grandfathered under 245(i) or not ????????????????????????????????????
    under
    245(i). You would need to wait until 245(i) is reinstated by the
    Congress.

  5. #5
    Guest
    Lawyers do not agree with each other.

    My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
    Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
    Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
    submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

    Am I still grandfathered under
    245(i) ????????????????? ???????????????????.

  6. #6
    Guest
    Lawyers do not agree with each other.

    My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
    Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
    Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
    submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

    Am I still grandfathered under
    245(i) ????????????????? ???????????????????.

  7. #7
    Guest
    http://www.bcis.gov/graphics/service...tm#anchor16246

    Petitions that have been denied or withdrawn, or for which approval has been revoked by INS, may still serve to grandfather the alien beneficiary, depending on the reasons for the final action. The determinative issue is whether a visa petition is approvable when filed. To remain eligible, the changed circumstances must relate to factors beyond the alien's control rather than to the merits of the petition at the time of filing.

    In the event that an employer applicant for a labor certification or petitioner for employment-based permanent residence dies, goes out of business, or otherwise chooses to withdraw or becomes ineligible to maintain the application or petition, or the family member who filed the petition dies or is divorced from the beneficiary, the alien beneficiary does not necessarily lose grandfathered11 status.

  8. #8
    Guest
    Lawyers do not agree with each other.

    My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
    Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
    Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
    submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

    Am I still grandfathered under
    245(i) ????????????????? ???????????????????.

  9. #9
    Guest
    posted June 22, 2003 10:10 PM
    Lawyers do not agree with each other.

    My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
    Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
    Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
    submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

    Am I still grandfathered under
    245(i) ????????????????? ???????????????????.

  10. #10
    Guest
    The BCIS?INS hot-lined has told me that as long as I have any documents conforming my denied GC petition was filed timely I am 245(i) grandfathered and I could get a GC if I find a new sponsor. Is that true remaining in unlawfull status I can apply for a new GC?

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