Guidance for 245(i) Physical Presence Requirement

USCIS District 23, which includes Los Angeles and Orange County Field Offices has stated that where an applicant for adjustment of status is grandfathered under 245(i), the Principal (beneficiary of the 245i petition) must show physical presence in 2000 even if not immigrating, in order for derivative beneficiaries to also be grandfathered in. This seems to be a shift from the previous district policy not to require Principal beneficiary to show physical presence before adjudicating derivative 245(i) adjustment of status cases.

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