Does a U.S. citizen’s spouse qualify as a derivative beneficiary under section 245(i)?

I understand that navigating immigration laws can be complex and stressful. Can you please share your relationship to the individual who received residency through 245(i)?

Have you or the individual in question already started any legal processes regarding this residency status?

Is there anything else the lawyer should know before I connect you? Rest assured, they'll be able to help with your husband's derivative beneficiary status.

Your husband would not be considered a derivative beneficiary of your mother's 245(i) case. For 245(i) purposes, derivative beneficiaries generally include the principal beneficiary's spouse and unmarried children, not a son-in-law. (8 U.S.C. § 1255)

There may be a separate issue as to whether you were grandfathered under your mother's original qualifying petition as her child. Even if you were, that status would not ordinarily pass automatically to your husband. His DACA status also does not independently provide 245(i) eligibility.

Because you are a U.S. citizen, you may be able to petition for your husband directly as an immediate relative (8 U.S.C. § 1151(b)). Whether he can adjust status inside the United States will depend on several facts, including how he entered the country, whether he has traveled with advance parole, whether he has any prior removal orders or unlawful presence issues, and whether he independently qualifies under 245(i). I would recommend reviewing your mother's original petition and your husband's complete immigration history before filing anything.

You're welcome.