Adjustment of Status Under Section 245(i)

Decided September 1, 2010

U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

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.

http://http://www.justice.gov/eoir/vll/intdec/vol25/3694.pdf