Who is a grandfathered alien

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Grandfathered Alien Section i. If a relationship existed between an alien and spouse or child when the petition was filed before May , the spouse or child may be considered a grandfathered alien. This status might qualify the grandfathered alien for an adjustment of status depending on other qualifications, even if the relationship that existed at the time the petition was filed no longer exists or has changed.

Contact Rijal Law for more information about what you might be eligible for under section i. Our Affiliations. We Fight to Keep Families Together. S Immigration. Section a 4 B of the Act renders any alien who has engaged, is engaged, or at any time after admission engages in any terrorist activity, as defined in section a 3 B iii of the Act , deportable.

Under section c 6 of the Act , persons who are deportable under section a 4 B of the Act are ineligible to adjust status under section a of the Act.

Any person who is deportable under section a 4 B of the Act is also ineligible to adjust status under section i of the Act. An asylum application, diversity visa lottery application, or diversity visa lottery-winning letter does not serve to grandfather the alien for purposes of section i of the Act. However, an otherwise grandfathered alien may use winning a diversity visa as a basis for adjustment.

The denial, withdrawal, or revocation of the approval of a qualifying immigrant visa petition, or application for labor certification, that was properly filed on or before April 30, , and that was approvable when filed, will not preclude its grandfathered alien including the grandfathered alien's family members from seeking adjustment of status under section i of the Act on the basis of another approved visa petition, a diversity visa, or any other ground for adjustment of status under the Act , as appropriate.

Only the alien who was the beneficiary of the application for the labor certification on or before April 30, , will be considered to have been grandfathered for purposes of filing an application for adjustment of status under section i of the Act. An alien who was previously the beneficiary of the application for the labor certification but was subsequently replaced by another alien on or before April 30, , will not be considered to be a grandfathered alien.

An alien who was substituted for the previous beneficiary of the application for the labor certification after April 30, , will not be considered to be a grandfathered alien. An applicant for adjustment under section i of the Act who is adjusting status through an employment-based category is not required to work for the petitioner who filed the petition that grandfathered the alien, unless he or she is seeking adjustment based on employment for that same petitioner.

An alien's nonimmigrant status is not affected by the fact that he or she is a grandfathered alien. If the alien is not in a period of stay authorized by the Attorney General, the fact that he or she is a grandfathered alien does not prevent the alien from accruing unlawful presence under section a 9 B and C of the Act. Another example when Section i grandfathering exists is where your aunt, a U. Under this scenario, if all other grandfathering requirements have been met, you should be a grandfathered alien and eligible to apply for a green card in the U.

You will not believe how many times we encounter individuals who do not realize they have this Section i protection and are ready to give up on the entire immigration process only to learn that an old petition or application filed in behalf of their spouse or parent can save the day for them. On October 25, President Biden announced that beginning on November 8, , current travel restrictions will end as they relate to the suspension of entry into the United States of persons physically.

The Department of State has announced the availability of immigrant numbers in its monthly bulletin. This flexibility.