Getson & Schatz, P.C. Wins Deportation Case based upon Section 245(i) Employment-Based Grandfathering for Employee and Separated Spouse

Our client and his spouse were both placed in removal proceedings for having overstayed their B-2 status. Our client had an approved labor certification application filed prior to April 30, 2001 which grandfathered him and his derivative spouse under Section 245(i). An I-140 Petition had been approved based upon the approved labor certification application, the priority date was current, and the employer who had filed the original labor certification application was prepared to hire our client in the position upon his receipt of United States Permanent Resident Status. The Immigration Judge granted our client a green card based upon the Section 245(i) labor certification and also granted a green card to his derivative spouse even though the two were not living together because of marital difficulties. Our client and his spouse were still legally married and testified to the Immigration Judge that they had been married for many years and had been living together at the time of the labor certification application in 2001 but had experienced marital difficulties and had separated. The Immigration Judge found the spouse to be properly grandfathered under Section 245(i) and eligible for adjustment of status.

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