I have a client who applied under 245(i) on 04/30/2001, he then became a witness for the state on a criminal investigation.
For that purpose he was paroled back into the U.S. so he could testify in court. When the trial was over, he went home for 45 days with his travel authorization I-131, he was then paroled into the country again in Jan 21, 2004.
His I-94 expired on 01/21/2006, he filed a I-140 National Interest Visa Waiver concurrently with his I-485 on 03/26/2006. His I-140 was denied on 03/30/2007 and his I-485 denied on 05/15/2007.
Is this person still grandfathered under 245(i) or not? The Regs. state that you must be physically present at the time of filing, which he was, he was here on 12/20/2000 and filed a labor cert on 04/30/2001, also the Regs. say that he must adjust status after 1994, he will, he will file under EB2; so there is a visa immediatelly available for him.
My major concern is the fact that he left the country and came back, always inspected and paroled. Is he still grandfathered under 245(i).?
Thank you.
For that purpose he was paroled back into the U.S. so he could testify in court. When the trial was over, he went home for 45 days with his travel authorization I-131, he was then paroled into the country again in Jan 21, 2004.
His I-94 expired on 01/21/2006, he filed a I-140 National Interest Visa Waiver concurrently with his I-485 on 03/26/2006. His I-140 was denied on 03/30/2007 and his I-485 denied on 05/15/2007.
Is this person still grandfathered under 245(i) or not? The Regs. state that you must be physically present at the time of filing, which he was, he was here on 12/20/2000 and filed a labor cert on 04/30/2001, also the Regs. say that he must adjust status after 1994, he will, he will file under EB2; so there is a visa immediatelly available for him.
My major concern is the fact that he left the country and came back, always inspected and paroled. Is he still grandfathered under 245(i).?
Thank you.