i130 questions

say my father's i130 petition from his u.s. citizen brother was approved, the priority date is march of 97 and this time finally reaches the priority date as marked by the uscis website. however he can no longer adjust status because he received a deportation, left the country, and reentered the country.

can his son benefit from this petition regardless of his father's inability to change status?

Unfortunately, no. The derivative beneficiary (the son) does not have a claim to benefits if the principal beneficiary (the father) does not either. This is because the derivative derives his status from the principal beneficiary. The following case provides a little overview as to the reasoning behind this:

http://www.uscis.gov/ilink/docView/I...-0-0-2869.html

The basis of your eligibility depended on that of your father. If he had never been deported or he had never left then he would still have 245-I benefits and be eligible for adjustment of status. However, since that is not the case you don't benefit from the petition in any way but one. If you have been in the country continually without leaving you have derivative 245-I benefits, regardless of whether your father has it or not. This means if you marry or receive a petition filed on your behalf you will be able to adjust status ( or get your green card within the country) when an immigrant visa is available to you.

So if he received his deportation order and the 10 year ban is up when his priority date comes, can he reapply with this I-130 from within the US?

Edit: Excuse me, after talking to my dad I have clarified one huge detail.

1. He was not deported, he received a voluntary departure and left the country. Obviously reentering the country afterwards.

Once he left the nation through voluntary departure, he triggered the 10 year ban. This also caused him to lose 245-I benefits. Unless congress approves an extension of 245-I benefits he cannot receive a green card within the country. Even then the extension could only allow certain individuals benefit from this law.