Joooce

Hi All,
Just wanted to share my timeline. I filed for AOS in September 2020 and finished my interview 8 days ago in the Holtsville, LI FO. Still waiting for my decision though but my case is kind of complicated....so much anxiety.
Check my timeline below!

Thank you! Yes I filed a FOIA for my mom's A-file through their FIRST portal. It took about 4-5 months for them to gather all the documents. They uploaded a PDF of all her documents in the portal. I was able to sift through and find her old i-140 which was stamped as approved back in 2001! 
 
Recently submitted my AOS packet to USCIS - hoping they cash my checks soon! Thanks for everyone's input!

I applied under 245i. I know everything about it. Yes, you can qualify to adjust under 245i if your mom's i140 or labor was filed before April 30th, 2001. However, you must submit evidence of your mom's physical presence in US on December 21st, 2000 if your mom filed between January 15, 1998 and April 30, 2001. Was your mom in US on December 21st, 2000? If your mom filed the petition before January 15, 1998, then physical presence in US proof on December 21st, 2000 is not needed. 
 
And your mom's i140 didn't have to be approved, just have to prove that it was "approvable when filed" and not some frivolous filing. Ask me anything via PM. I have heavily researched on this. 

Yeah I’ve just been reading up, it does seem the case.
 
The BIA confirmed the long-standing USCIS policy that both principal and derivative grandfathered aliens are independently eligible to apply for section 245(i) adjustment of status and either may be the principal adjustment applicant under that section. The regulations define “grandfathered” as “an alien who is the beneficiary (including a spouse or child of the alien beneficiary if eligible to receive a visa under section 203(d) of the Act)” of a qualifying visa petition or labor certification that was filed on or before April 30, 2001.” 8 CFR § 1245.10(a)(1)(i).
https://cliniclegal.org/resources/family-based-immigration-law/bia-clarifies-when-derivatives-may-adjust-under-245i
 
What an absolute gift from uscis this was. I guess this is what your lawyer is basing it on...if that reading is correct you should be golden, but absolutely have a lawyer along with you every step of the way. 

Ah. Now you're making a little bit of sense. However, I must disagree with you about the daughter (3rd preference)not being able to adjust status because she is unlawfully present. It's true, she is not considered an "immediate family member" of her mother (for Immigration purposes) But, remember, she is 245-i eligible, and once her priority date comes available (which it's already available actually), she can pay the $1000 fine and adjust status. The WHOLE POINT of beign 245-i eligible is to adjust status in the USA precisely because such people ARE NOT lawfully present. It doesn't just apply to EWI people who marry US Citizens. It applies to all EWI people who are have a family or employer petition submitted on or before April 30, 2001 and who are otherwise not deportable.
If you have some case law that shows that I am in error, please post it here. I welcome corrections.
My question is: Being how she can adjust status under 245-i, can her husband also adjust status along with her as a derivative?