BIA on 245(i), grandfathering: Matter of Ilic, ID 3743

For an alien to independently qualify for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), as a derivative grandfathered alien, the principal beneficiary of the qualifying visa petition must satisfy the requirements for grandfathering,...

Matter of Lemus-Losa, ID 3745, 25 I&N Dec. 734 (BIA 2012)

Matter of Lemus-Losa, ID 3745, 25 I&N Dec. 734 (BIA 2012) - Adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), is unavailable to an alien who is inadmissible under section 212(a)(9)(B)(i)(II) of the Act, 8 U.S.C. § 1182(a)(9)(B)...

CA9 on Brand X, Retroactivity, 245(i) and Voluntary Departure: Garifas-Rodriguez v. Holder

"In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court instructed federal courts to defer to reasonable agency interpretations of ambiguous statutes, even when those interpretations conflict with the prior holding of a federal circuit court. 545 U...

BIA on 245(i), Grandfathering: Matter of Butt, ID 3779, 26 I&N Dec. 108 (BIA 2013)

Matter of Butt, ID 3779, 26 I&N Dec. 108 (BIA 2013) - (1) For purposes of establishing eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), an alien seeking to be “grandfathered” must be the beneficiary of an...

Matter of Estrada, ID 3790

A spouse or child accompanying or following to join a principal grandfathered alien cannot qualify as a derivative grandfathered alien for purposes of section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), by virtue of a spouse or child relationship that arose after April...