My brother had his interview (he married a US citizen, it was love) and they told him that he HAD to show proof that he was grandfathered under I-245 (my dad applied before the April deadline and they lost his papers...) or they would deport him.
Thing is, he had a letter from the dept of Immigration that my dad had applied and he took it with him, what exactly do they want? He was 10 (I was 12) when we crossed so he was certainly a minor.
Reid,I think your Brother is in a precarious situation if the former INS actually lost your father's paperwork.What your brother needs to actually prove is something called "derivative grandfathering".The paperwork your brother showed to CIS more than likely proved your father was under 245i,not your brother.
What USCIS is looking for is conclusive proof that your brother was under the same application as you father as a derivative of his application when it was filed to be eligible for 245i & the only way to prove that are the files that were lost.At this point in time only your Father & his sponsor could be of any help if they have copies of the application proving your brother was actually on the application when it was filed for 245i eligibility.