Grandfathered Alien Law and Legal Definition

According to 8 CFR 1245.10 (a) (1)(i) [Title 8 -- Aliens and Nationality; Chapter V -- Executive Office for Immigration Review, Department of Justice; Subchapter B -- Immigration Regulations; Part 1245 -- Adjustment of Status to that of Person Admitted for Permanent Residence] and 8 CFR 245.10(a)(1)(i) [Title 8 -- Aliens and Nationality; Chapter I -- Department of Homeland Security (Immigration and Naturalization); Subchapter B -- Immigration Regulations; Part 245 -- Adjustment of Status to that of Person Admitted for Permanent Residence] the term “Grandfathered alien” means “an alien who is the beneficiary (including a spouse or child of the alien beneficiary if eligible to receive a visa under section 203(d) of the Act) of:

(A) A petition for classification under section 204 of the Act which was properly filed with the Attorney General on or before April 30, 2001, and which was approvable when filed; or

(B) An application for labor certification under section 212(a)(5)(A) of the Act that was properly filed pursuant to the regulations of the Secretary of Labor on or before April 30, 2001, and which was approvable when filed.”