Can my mother file an immigration petition under 245i? 3 Answers as of February 13, 2011

My father came here in Dec 1999. He also had I-130 filed in Oct 1999 from my mother's brother in which he was a co beneficiary. My mother entered the country in Aug 2001. Now my mother is a widow, but is she eligible in anyway to adjust status based on 245i?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The answer to your question is an emphatic yes! Due to a Federal Law passed and signed into law by President George W. Bush in 2007, you are able to retain your eligibility through a "grandfather clause" to adjust status, once her late husband's petition priority date becomes current. As the spouse, you have derivative status, but you must file within one year of the date becoming permanent. Contact me if you need the help of an attorney.
Answer Applies to: California
Replied: 2/13/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
No she doesn't qualify because of her entry date. She needed to have been present in the US on or before 12/20/2000.
Answer Applies to: Florida
Replied: 2/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If I understand correctly, your mother was the primary beneficiary of an I-130 petition filed in October 1999 by her brother. However, your mother was not in the U.S. when it was filed and did not enter the U.S until August 2001. If correct, then she is not eligible under 245(i) since in order or petitions filed after January 12, 1998 but before April 30, 2001 to provide 245(i) protection, the primary beneficiary must have been physically presence in the U.S. on December 21, 2000.
Answer Applies to: California
Replied: 2/10/2011
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