Asked over 3 years ago - Cathedral City, CAFlag
.How do I know if my husband qualifies to adjust status under "derivative beneficiary " of a petition submited for his mother with priority date of 9/1999. He turned 21 on May 1st that same year? I want to adjust his status inside of the US. I am a US citizen and he entered the US illegally.
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If by "same year" you mean your husband turned 21 May 1999, then he may not be protected under 245i since he was 21 at the time the petition was filed. I recommend you seek an initial consultation with an attorney to review the documents, alternative avenues, and explain to you the options available under the circumstances. Several law offices, such as ours, offer free consultations.
Mario S. Zapata
Hi! If the petition was filed BEFORE he turned 21 (which from the looks of it i would venture to say that it was) then he is grandfathered into 245 (i) protection as a derivative child. If the application was filed between Jan 15, 1998 and April 30 2000...then you will have show physical presense of the applicant (not the child--your husband) in the US for Dec. 21 2000 for the 245(i) to be valid. If this sound complicated...its becuase it is....There's a Yates Memo out there entitled: CLARIFICATION OF CERTAIN ELIGIBILITY REQUIREMENTS PERTAINING TO AN APPLICATION TO ADJUST STATUS UNDER 245(I) OF THE IMMIGRATION AND NATIONALITY ACT. dated March 9, 2005..that speaks to this. Talk to an attorney.....Good Luck!
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