Board of Immigration Appeals Decision: 245(i) "Grandfather" Eligibility

An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the result of having been a derivative beneficiary of a visa petition. Matter of LEGASPI, 25 I&N Dec. 328 (BIA 2010).

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