He included me on the form as his spouse but did not check the Including in the Petition Box for me. Could I adjust under 245i because I was listed on that application even though he marked the No box, that he would not be petitioning for me at the same time. It's really my only hope to adjust in the US but a couple of attorneys I consulted do not seem to know. I am very thankful for any help.
You cannot adjust based on the petition filed by your husband, but there may be alternative ways for you to attain legal status if you have immediate family members who have filed petitions for you in the past or are able to do so now. Unless the attorneys you consulted went over those options with you and you are satisfied with the conclusions, you should consult with a new attorney.
I agree with my colleague. While you cannot adjust based on that petition alone, you may be able to do so if you have children or other relatives who are US citizens or LPRs. You should get a more thorough evaluation of this. Also, is your husband currently an LPR or USC? You may have some other options that are not obvious.
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I agree with my colleagues.
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.
Unfortunately, an amnesty application does not help you. Amnesty
applications did not include derivative beneficiaries and there was no
"box" on the form to include you. Every alien was required to file his
or her own application, including children. Moreover, even if you had
applied for amnesty yourself, an amnesty application does not qualify
for 245(i) grandfathering purposes.
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