Legal Question in Immigration Law in New Jersey

Re: Family Immigration

245i will only help your family (or father in this case) if there was a viable way for him to get his green card. To utterly simplify 245i it would mean that assuming your father was eligible for a green card through work or family then his previous unlawful presence could be forgiven assuming his green card application went through. Seems that you are having problems with the later of the two. I cannot tell you what can be done until I know what your father has been filing and why it has been denied. It would be best to set up a consultation to discuss the options. You can reach my office at 877-KUMAR-LAW.

Re: Family Immigration

First, you discuss with an attorney to make sure that your father is in fact protected under the 245(i) provisions. If he is protected, then you will also be protected, but will not be able to obtain your green card through your father as a derivative beneficiary if nothing is pending for him at the moment, but you will likely be able to use 245(i) for your own benefit to file an application on your own once you reach 21.

Again, this is a complicated area of immigration law, and I would recommend that you and your family consult with an attorney to discuss the benefits you may qualify for.