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  • Matter of Estrada and Estrada, 26 I N Dec. 180 (BIA 2013)
    As an initial matter, we find that the female respondent does not qualify as a grandfathered alien for purposes of section 245(i) of the Act based on the first Form I-140 visa petition that was filed on her behalf because that petition was not approvable when filed
  • BIA Clarifies When Derivatives May Adjust under 245 (i)
    In a recent decision the Board of Immigration Appeals held that after-acquired derivatives are not eligible to be considered “grandfathered” for purposes of eligibility for section 245 (i) adjustment of status Matter of Estrada, 26 I N Dec 180 (BIA 2013)
  • Executive Office for Immigration Review | Agency Decisions
    Cumulative Index AG BIA Volumes 26 - 28 (ID #3766 - #3984) (PDF) (Note: The indexes to Volumes 16 - 25 and 26 – 27 are searchable Use the Adobe "find" feature )
  • 245 (i) | Catholic Legal Immigration Network, Inc. (CLINIC)
    In a recent decision the Board of Immigration Appeals held that after-acquired derivatives are not eligible to be considered “grandfathered” for purposes of eligibility for section 245 (i) adjustment of status Matter of Estrada, 26 I N Dec 180 (BIA 2013)
  • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA - GovInfo
    1 See Matter of Estrada, 26 I N Dec 180, 184 (BIA 2013) (established that both principal and derivative “grandfathered aliens” are independently eligible for adjustment of status under INA §245(i))
  • BIA Decision Narrows the Scope of 245(i) Grandfathering for Certain . . .
    On August 8, 2013, the Board of Immigration Appeals (BIA), in Matter of Estrada, 26 I N Dec 180 (BIA 2013), concluded that children and spouses of grandfathered aliens do not qualify for derivative grandfathered status by virtue of a relationship created after April 30, 2001
  • Chapter 2 - Grandfathering Requirements - USCIS
    There is no evidence of fraud Accordingly, a properly filed labor certification application is presumed to be meritorious in fact if the application is non-frivolous and if no apparent bars to approval existed at the time it was filed
  • After-acquired spouses and children not grandfathered for 245 (i . . .
    However, the BIA concluded that the wife, as an after-acquired spouse, did not become a grandfathered applicant As such, she cannot use a subsequent visa application, i e , her second I-140 petition, to apply for legal status
  • United States Court of Appeals
    There is a substantial wait time for an approved sibling-based petition to result in an immigrant visa See, e g , Visa Bulletin for August 2013, U S Dep't of State, http: travel state gov visa bulletin bulletin_6028 html (last visited Aug 22, 2013)
  • Matter of TRIANA, 28 I N Dec. 659 (BIA 2022)
    Matter of Estrada and Estrada, 26 I N Dec 180, 184–85 (BIA 2013) B Defining “Approvable When Filed” The Eleventh Circuit remanded the record to us to interpret the phrase “approvable when filed” and determine whether a visa that has been approved is necessarily “approvable when filed ”





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