The Mysterious World of Grandfathered 245(i) Derivatives-Downloadable

The Mysterious World of Grandfathered 245(i) Derivatives-Downloadable

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The Mysterious World of Grandfathered 245(i) Derivatives [Audio Seminar]

This 90 minute audio seminar was originally presented live on July 17, 2012

Section 245(i) became law in 1994 and derivative benefits are still a source of confusion. This panel will guide the experienced practitioner through the still-evolving world of 245(i) derivatives.

  • Separate the Concepts: Visa Availability vs. 245(i)
  • When 245(i) Benefits Attach to a Derivative
  • Losing Grandfathered Status Through Usage and Changed Family Structure
  • Can Grandfathered Derivatives Pass Status to Dependents?
  • Derivatives Without a Principal: The Physical Presence Debate

CLE Information

Please note that your jurisdiction may limit OnDemand credit depending on the date of the original presentation. Please view the OnDemandDownloadable and CD-Rom Expiration Chart for more details.

To view CLE eligibility and the number of credits you may claim for completing this 90-minute seminar, please visit webCLE.

  • AILA applies for accreditation upon attorneys request after participation for the following states: DE, KY, RI, and WY. Programs are typically approved.
  • Attorneys must apply individually for approval of OnDemand programs in the following states: FL, ID, ND, PR, and UT.
  • Not Eligible for CLE: AR, IA, KS, MN, MO, TN, and VA.

For more information about CLE credit, please email


James W. Austin (dl), Kansas City, MO
James W. Austin is a partner with Austin & Ferguson, LLC. As an adjunct professor teaching immigration law at the University of Missouri-Kansas City, he was the 2010 recipient of AILA’s Elmer Fried Excellence in Teaching Award. Mr. Austin serves on the USCIS Ombudsman Liaison Committee, is an AILA Mentor in several categories and has served as chair of the National Benefits Center Liaison Committee.

Jason Abrams, New York, NY
Jason Abrams, a partner with Abrams & Abrams LLP, specializes in employment- and family-based petitions and applications including H-1B, H-3, and L-1 nonimmigrant visas. Mr. Abrams also specializes in all immigrant petitions including skilled and unskilled workers, extraordinary ability, and multinational manager petitions. Additionally, he appears in immigration court for adjustment hearings and cancellation of removal cases. He has worked on complex derivative 245(i) cases as well as postmark and “approvable when filed” matters.

Monica Eav, Chicago, IL
Monica Eav is an attorney at the Law Offices of Robert D. Ahlgren and Associates, P.C., practicing exclusively in immigration law. Previously she served as a U.S. Department of Justice Honors Program attorney advisor at the Executive Office for Immigration Review, Chicago Immigration Court, and as a judicial law clerk for the Honorable Anita B. Brody, U.S. District Court, Eastern District of Pennsylvania. She is a graduate of Harvard Law School.

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