I have an approved I-140 and my company will now start processing my AOS. My husband is an overstay but he grandfathers the benefits of 245i. (His dad has an approved I-130 on October 1992. He aged out of this petition.) Can I include him in my AOS application and use 245i so he can adjust status here in the US? Thanks.
If he is in fact grandfathered for 245(i), then yes.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Generally, yes - but in addition to making sure he really is grandfathered, you need to make sure no bars apply that 245(i) does not waive. For example: if he left the US at some point he may be subject to a departure bar that 245(i) does not waive. I suggest discussing the details with an attorney. Good luck!
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Maybe. However, you need to reatain an experienced Immigration Attorney for assistance.
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