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

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 ?

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Attorney answers 3



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% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at or call 562-495-0554 or e-mail me directly at




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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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