Saturday, February 17th, 2018

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, including the physical presence requirement of section 245(i)(1)(C) of the Act, if applicable. - Matter of Ilic, ID 3743, 25 I&N Dec. 717 (BIA 2012)