BIA on Ineligibility of Grandfathered Spouse
According to BIA a spouse or child accompanying or following to join a principal grandfathered alien cannot qualify as a derivative grandfathered alien for purposes of section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), by virtue of a spouse or child relationship that arose after April 30, 2001.
For more details click the link or attachment. Matter of Charlemagne Micabalo ESTRADA and Matter of Vanessa Joan ESTRADA