Can I be grandfathered for adjustment of status via 245i even though I aged out in 2001?

Asked about 1 year ago - Fullerton, CA

My family and I moved to Ca on May 1996. My I130 has a notice date of march 1998. On 4/19/01 my father petitioned for an adjustment of status. I received a permit to work, to apply for a license, etc., he also submitted a 245i w/ supplement A. When we applied, they noticed that in less than 4 months I would be turning 21, so they put a flag on it. The entire family got scheduled for an interview past my 21st bday. When we got there, I was immediately denied and sent out of the room. My family got denied too because someone was missing medical info. After submitting said info, we all got scheduled again. Once more, I got denied and my family received their visas. I got married in 2002 but have been afraid to apply again, and been living in fear all this time. What are my chances ?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . Apply for adjustment of status under section 245i.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Brian David Lerner

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Hello:

    Based upon your information, you should be able to properly apply for adjustment under 245(i). If you entered the U.S. legally and then married a U.S. Citizen, you would not need 245(i) to adjust.

    We have 3 offices over the State of California and an international office in the Philippines. We do 100%... more
  3. Rudolph Baboun

    Contributor Level 10

    4

    Lawyers agree

    Answered . Yes

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