The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi 25 I&N Dec. 328 (BIA 2010).
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The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi 25 I&N Dec. 328 (BIA 2010).