My husband and I have been in this country since 1997.We came on J1(no 2 yr res.req)We stayed afte our visas expired.I94 says D/S.We just married in 2006.In feb 2001 my mother who's a resident filed I130 for me as unmarried over 21 child.I understand that petition grandfathers me in the future.>my husband started a labor cert in 2002 and it got approved.His priority date was last year.He doesn't have any petition for the basis of grandfathering.We filed for adjustment in August of 2007.Meanwhile my husband won the lottery(DV).We filed for adjustment for that too.We were trying to use my petition from my mother and his green card lottery(him being the main applicant).We went for our interview and the im officer said nothing about 245i,although we showed receipts for paid fines.He said we should receive a response in the mail.We just a letter saying that they intend to deny my husbands application because he is not 245i eligible.They are saying that we have 30 days to sumbit more info to rebut their decision.We don't have more paperwork to submit.Do you think we could come up with arguments saying that the law is not very clear on this issue and that it is opened for interpretation.We also contacted 2 congressmen,but I think their is just a formality and not real help.I would really appreciate your opinion on this subject.Thank you.
Unfortunately, your mother's petition for you can not help him. If you were married back then, your mother could not have applied for you because permanent residents can not sponsor married children. Since you were not married, his name was not listed on the petition.
This is not a winnable case.