245(i)

[juanaromero16]

My step father filed a Labor certification in 01/1991, one months before I turned 18. He married my mother in 1978, when I was 5 year old. I was born in February 1973 so I qualify as his step-daughter. His labor Certification was approved on 04/1991. He was approved based on his labor certification in 1999, (he received his green card in 1999). I came to the US in October 1996 without inspection. I filed a Labor certification with a gardening company The I 140 is currently pending. I want to know if I am grandfathered under 2545 (I) and if I can apply for adjustment of status while the I 140 is pending? Also, can my husband also apply for Adjustment of status? we got married in May 1992. I want my husband to apply for adjustment as his mother is very ill and he wants to see her before she dies.

[newacct]

My step father filed a Labor certification in 01/1991, one months before I turned 18. He married my mother in 1978, when I was 5 year old. I was born in February 1973 so I qualify as his step-daughter. His labor Certification was approved on 04/1991. He was approved based on his labor certification in 1999, (he received his green card in 1999). I came to the US in October 1996 without inspection. I filed a Labor certification with a gardening company The I 140 is currently pending. I want to know if I am grandfathered under 2545 (I) and if I can apply for adjustment of status while the I 140 is pending? Also, can my husband also apply for Adjustment of status? we got married in May 1992. I want my husband to apply for adjustment as his mother is very ill and he wants to see her before she dies.

Yes, it sounds like you are grandfathered under 245(i), and therefore you can do Adjustment of Status under 245(i), and your husband can also do Adjustment of Status under 245(i) as your derivative beneficiary.

[Sky3920]

Yes, it sounds like you are grandfathered under 245(i), and therefore you can do Adjustment of Status under 245(i), and your husband can also do Adjustment of Status under 245(i) as your derivative beneficiary.

So juanaromero can adjust under 245(i) based on her stepfather's labor certification. That makes her stepfather the principal alien and Juana the grandfathered derivative. Since the husband has no relationship to the principal alien, he can't benefit from 245(i).

[newacct]

So juanaromero can adjust under 245(i) based on her stepfather's labor certification. That makes her stepfather the principal alien and Juana the grandfathered derivative. Since the husband has no relationship to the principal alien, he can't benefit from 245(i).

Hmm, it appears you are right. The husband of a grandfathered derivative can't benefit from 245(i) according to Matter of Legaspi. He must be eligible to adjust (e.g. entered legally, not out of status for more than 180 days since the most recent entry), or he would have to do consular processing.