Re: 245(I) question "grandfathered derivate beneficiary alien"
 

245i is 17 years retired now so newer IO’s may not know about it and that is where lawyer can do the talking at the interview.

Another issue is what if someone claimed to be a U.S Citizen on I-9? Since, working illegally is forgiven through 245i then you can’t get penalized for claiming USC right?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

I have no clue about that.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

245i is 17 years retired now so newer IO’s may not know about it and that is where lawyer can do the talking at the interview.

Another issue is what if someone claimed to be a U.S Citizen on I-9? Since, working illegally is forgiven through 245i then you can’t get penalized for claiming USC right?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

Hi guys! So I recently got married and I technically qualify for 245-I which means I should be able to adjust without leaving the states. However, after visiting an immigration “clinic” and getting legal advice by probono lawyers, the director of the clinic told me that I didn’t qualify because of INA212A9C. According to the director because I came twice unlawfully to the United States I’m permanently banned from the US. I came once when I was 3 in 04/1994 and exited in 01/2000 and came back in 08/2003. Is this correct? I want to confirm since the lawyers giving probono advice might not have enough tenure in the business.

Thank you all for your responses in advance.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

Married to a USC?

Did you have a petition filed on or before 4/30/01?

You initially came in EWI and left and then entered again as EWI? If so, this is a lifetime ban. Why did you depart USA? Either way, petition or no petition before the deadline, you do not qualify for 245i since you left USA.

If you leave USA again then you can apply to re-enter after serving a 10 year ban but there is no guarantee this will be approved.

You currently have DACA?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

My wife is a USC.

I did have a petition filed. I left US to go live with grandparents in Mexico (both retiring from US workforce and both permanent residents of US) after my step father hit me once after getting drunk. No police report unfortunately.

When I came back it was through a coyote.

I do have DACA. So pretty much my only option is to wait for legislation like the dream act to pass correct?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

You could have adjusted it here if you never left USA.

You are blessed to at least have DACA. Did you apply for AP?

It would be way too risky to apply for AOS. I would still speak to another lawyer.

Yes, I think you would have to wait for another legislation.

You can request from a lawyer to see if they can obtain FOIA.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

The only loop hole I am aware of is being a victim of violent crime. If I was a victim then I would be able to adjust. I just remembered yesterday that sometime in the mid 90’s a group of guys came into the house with guns and robbed us when I was a child. I was in the house when it happened. I remember that the police came and my grandmother got sent to the hospital. Technically everybody who was in the house was a victim of an armed robbery, which is a violent crime. Would this be my golden ticket?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

Cancellation of removal can overcome the permanent bar under 212(a)(9)(C).

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

That would be IJ’s decision.