He has never been deported or been inspected. His Grandmother petitioned for his father and helped him get his green card, but now he passed away.
One lawyer told us that because his father's legal status was processed before 2001, my husband no longer has to leave the country that he is covered by the i-245.
Is this true? even if my husband's father did not put that he had any children?
In my husband's birth certificate it shows his father's name.
The lawyer also gave us a G-639 form to fill put and told us that because his father deceased his wife has to sign it, granting us permission to look in his petition files.
How do we go about. Im confused.
The thing is that I donot want my husband to be penalized and have to stay in his country for years.
About how long does it take for Immigration to answer the G-639?
You have taken the good step of getting a lawyer, you should have the lawyer deal with all your concerns and work for your husband's benefit.
Yes your husband can be covered under the I-130 that was filed for his father and he can utilize the priority and adjust within the US.
The issue is that if his father didnt include him as his son on the I-130, you might have a difficult time convincing immigratiion to include him on there if you can prove indeed that its his father's son.
It is worth obtaining his father's file to have a copy of the I-130. When it comes before the immigration court, most judges will be sympathetic if the I-130 was approvable when filed, obviuosly it was. It is worht investing the time, effort and money to resolve this if you can get a favourable decision for your husband.