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.
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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