i found another document i had in addition to the other 2 i sent you. i accidently deleted your address.
A. USCIS Policy Pertaining to Section 245(i) of the Act
USCIS field offices will apply Section 245(i) of the Act as follows:
(1) Once an alien meets the requirements for grandfathering under 8 CFR 245.10, the alien continues to be grandfathered until the alien adjusts status.
(2) A grandfathered alien is not limited to seeking adjustment of status solely on the basis of the qualifying immigrant visa petition or application for labor certification that initially grandfathered the alien. The grandfathered alien may also seek to adjust status on any other proper basis for which the alien is eligible.
(3) Until a grandfathered alien adjusts status, there is no limit to the number of applications the grandfathered alien may file for adjustment of status under section 245(i) provided that the alien meets all of the requirements of 8 CFR 245.10, including payment of the $1,000 surcharge for every application filed.
To illustrate, an alien beneficiary of a Form I-130 (Petition for Alien Relative) that was filed on or before April 30, 2001 is considered to be a grandfathered alien and may apply to adjust status based on the I-130 petition. If the grandfathered alien is not yet eligible for adjustment of status based on the I-130 petition and later becomes the beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker), the alien would be eligible to apply for adjustment of status based on the I-140 petition. Similarly, the grandfathered alien would also be eligible for adjustment of status under section 245(i) if the alien later wins a diversity visa. If the alien has been denied adjustment of status, has withdrawn or abandoned the application for adjustment of status, or has otherwise not adjusted under section 245(i), the alien remains grandfathered. The alien may apply for adjustment of status again if the alien meets the requirements of 8 CFR 245.10.
B. General Requirements for Grandfathering
To be considered grandfathered, an alien must satisfy the following requirements pursuant to 8 CFR 245.10:
(1) The alien was the beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001.
Clarification of Certain Eligibility Requirements Pertaining to an Application to Adjust Status
under Section 245(i) of the Immigration and Nationality Act
(2) The qualifying immigrant visa petition or the qualifying application for labor certification was “properly filed” and “approvable when filed.”
(3) The principal alien was physically present in the United States on December 21, 2000, if the alien’s qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001.
for my stepson we did have to pay the 1000 penalty because when we refiled he was now over age. there is more to it. i didnt want to post the whole thing because its over 5 pages