I-485 eligibilty? Need help on this one.

[colorfulx 1]

Long story short: Husband was brought here illegally by his parents at the age of 4 in 1989. He has completed all levels of school here. His parents filed for work authorization once they were here (his mother has since passed away) and his father filed I-130 petition with current his wife in 1999. My husband is listed as his relative in there. (I do not know if the application was approved before the specific date required for 245i, we suspect it is but I am waiting for my father in law to obtain the copies. However nothing was ever filed for my husband prior to 2000 that we know of. His father has since became a green card holder. His brother filed an I-130 petition in January 2004 for him (but siblings aren't covered.) My husband has never been detained, deported or in removal proceedings and he has never left the country.

When I called for a consultation I was asked if anything was filed for my husband before 2001 (I answered no.) and I began looking online as to why, and found the 245i. And also found that there is an 'derivative beneficiary' and that my husband falls under that, since he would of been 13 at the age of his father's petition was filed. But my question is, because we are married is he now unable to go that route?

Should note that my husband has two prior arrest/convictions on his record, both stemming from 2006. Dui 1st offense. He paid a small fine, and served 2 days in jail and placed on 1 year probation. (In TN a Dui 1st offense is punishable up to 11 months & 29 days in Jail.) and a domestic assault charge, in which he wasn't fined and spent no additional jail time than the night he spent being arrested and was not given probation (It was an altercation with a male roommate.) It was classified as an "Class B Misdemeanor" (Punishable up to 6mths in jail.)

However, the last lawyer we saw a few years ago was adamant about how are our only option was to marry, so after 5 years of being together, we married. We have 3 children. I don't know if he is 'eligible' under the 245i because of his convictions or if we are married. I find a lot of conflicting stuff online. We are currently waiting to hear back if we will be accepted for an consultation for the new lawyer.

Any advice would be greatly appreciated as all I continue to do is worry, because we can't file for an I-601A waiver because of his convictions.

[TBoneTX 43,081]

You should be able to get a definitive answer from:

http://www.fosterglobal.com

They're the largest (or one of the largest) immigration firms west of the Mississippi. They have very reasonable phone & e-mail consultation rates. They helped me, years ago, and I got far more than what I paid for. You will not need to be "accepted" for a consultation.

[colorfulx 1]

Thank you so much for replying! I will look into their website, I actually received a call today from the other lawyer I was wanting to see. Our appointment is on January 5th. However I'm starting to worry that the derivative clause doesn't apply to him anymore as he is over 21, no petition was ever filed on his behalf before 2001. I don't understand the "age freezing" or any of that. Too much conflicting stuff online, it's very frustrating.

If things don't work out with the lawyer I am seeing in January, I may have to give them a call. Do they have offices other than TX?

[TBoneTX 43,081]

Immigration law is national, so Foster Global's location isn't a drawback. I recommend their e-mail consultation, which could yield an answer for you well before January 5.

I meant to add in my first message that this definitely sounds like a lawyer is needed, because your situation is probably beyond "help from your peers."

[colorfulx 1]

Immigration law is national, so Foster Global's location isn't a drawback. I recommend their e-mail consultation, which could yield an answer for you well before January 5.

I meant to add in my first message that this definitely sounds like a lawyer is needed, because your situation is probably beyond "help from your peers."

It most definitely is beyond "help from your peers" LOL.