BIA limits 245(i) Grandfathering: Matter of Legaspi

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"An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the
result of having been a derivative beneficiary of a visa petition."  Matter of Legapsi 25 I&N Dec. 328 (BIA 2010)

Ricky Malik, Esq.