Green Card, unique situation, please help.

[praxx]

We are Brazilians, and after we entered the US we began using our real names for school and all such things.

What you did was what millions of others have done, uninspected entry. That's pretty much all it is when looked at by itself so it doesn't matter what alias you used the point is you circumvented the border checkpoint and entered uninspected. The relief for that is 245i, one of the reliefs anyway. Dig around your family history and try to see if there were any petitions filed which might qualify you or your parents for a statutory waiver of the 10 year bar for illegal entry.

Stop. This is nonsense. A person who adjusted status based on 245i cannot pass this benefit on to people they petition for.

Not even their spouses? That's contrary to what I've read.

Praxx,

You have been smoking too much weed to save the planet...lol!! There is no difference between US citizenship (naturalized or born here), except naturalized citizen's can't run for the Presidency. You are clearly confusing people about this business of naturalized citizen transferring some benefit to someone else. You should stop this business, it is becoming ridiculous.

Al I think you marinated your occipital lobes one too many times at the parties at Columbia. If you had read what I wrote carefully you would realize I was examining the possibility that in immigration law it MIGHT be possible to pass one certain benefits related to the LIFE act, namely 245i, to your spouse.

1. OP should have been the GF's derivative beneficiary (as a husband) at the time when the application was processed (after the visa number was available).
2. Derivative beneficiaries can only benefit within ONE year, once the application is approved (meaning when the visa number was available).

Are you sure it's not within one year of AOS? And are you sure a 245i beneficiary cannot pass the benefit on to a spouse for LIFE? After all the 245i beneficiary is grandfathered for life(no pun intended).

 

[citi786]

And are you sure a 245i beneficiary cannot pass the benefit on to a spouse for LIFE?

My dear friend Praxx, yes the benefit can be passed at the time of filing the AOS to a spouse or a child. Unfortunately, the OP is not married and has stated that his GIRL FRIEND is a USC. I think where you are mistaken is that you think that a person who is/was a principal beneficiary of a petition protected by 245i get a blanket amnesty and can marry someone 10 years later and get a green card for him/her no matter if they entered the US illegally.
(no FUN intended). We are all grown ups here.
God Bless!