245i Grandfathering
N/AOUTCOME: After 2 years, the client is now a lawful permanent resident
A young man came to my office who he had been in the U.S. for only a few years and had overstayed his visa. The previous attorney failed to file for change of status timely so he was out of status. Kn ... owing that by overstaying, the client could not return home since he would be barred for 10 years from coming back to the U.S. After asking him about his family, I found out that when he was a minor, his dad's brother had filed for the family in 1997. Because he was over 21 when his father received his permanent residency, he had aged out. I figured out that he was under a section of the Immigration Nationality Act Section 245(I) which no longer exists but those that are grandfathered into this law never loose their ability to obtain permanent residency in the U.S. The client had an employer that was willing to sponsor his permanent residency.
