When a potential new client from Brazil came in for a consultation, he asked how much time before I get deported. His former attorney had applied for PERM and the application was denied.
Now, after wasting 7 years, he received a letter to go to immigration court for deportation. The situation looked hopeless and it seemed that he would have to return to Brazil in a few months and would not be able to come back to the US for many years.
After the consultation the client was thrilled because, I had asked a few questions and determined that he did not have to leave the U.S. He was eligible to seek a greencard before the Immigration Court under 245i of the immigration act.
He was grandfathered under 245i because when he was 20 (a child) his father filed a labor certificate. His father never got the greencard but because the case was submitted my client was covered by 245i. The smile really came when he learned that his new wife would also benefit from 245i and could get her greencard as a derivative beneficiary of the case.
You may have 245i if you, your parent, or your spouse filed a petition or labor certificate before April 30, 2001.
