Brother & Mother US citizen

[Visitor User 253]

The 3/10 only applies if you depart USA.

 

Did you have any I-130 and/or Labor Certification (ETA-750) filed on or before 4/30/01? If yes, you would get the grandfathered benefit and can adjust in USA without leaving. If no, look into the I-601A waiver.

Edited February 5, 2019 by Visitor User

[Renatus 2]

17 hours ago, Pinkrlion said:

Your mother will be easier, but you will not be able to process your application living in the US. You will have to return to your home country. If u have overstayed, you will incur a ten year or lifetime ban. 

 

16 hours ago, SusieQQQ said:

As long as you realize none of them are fast. 

Your current status is relevant to the question. 

 

1 hour ago, SusieQQQ said:

While taking into account that a marriage solely for purposes of gaining a green card is immigration fraud, of course.

 

OP did state in first post that wanted to gain legal residency through either mother or brother, presumably if he/she had a spouse lined up would be going that route? 

 

Wonder if OP will be back, has visited site but not commented /answered since being informed of facts of situation and asked about length of overstay.

 

8 hours ago, missileman said:

How long have overstayed?

 

16 hours ago, SusieQQQ said:

You can’t adjust status on a non-IR visa from being out of status. You have to return home to have any hope of processing a visa. The longer you overstay, the longer the potential ban you face. How long have you overstayed for?

More than 10 years, not interested in the marriage stuff since it doesn't apply to me.

Just for the record about going back, that's not true. I have friends in similar situation that got his legal papers through siblings without exiting the US. 

[geowrian 22,338]

14 minutes ago, Renatus said:

Just for the record about going back, that's not true. I have friends in similar situation that got his legal papers through siblings without exiting the US. 

1+ year overstay = 10 year ban upon exit.

 

AOS via a non-IR (i.e. sibling or adult son/daughter) petition without maintaining lawful status is only available in very, very limited situations (i.e. INA 245(i)).

When was the I-130 filed? When did they enter the US?

[Visitor User 253]

18 minutes ago, Renatus said:

 

 

 

 

More than 10 years, not interested in the marriage stuff since it doesn't apply to me.

Just for the record about going back, that's not true. I have friends in similar situation that got his legal papers through siblings without exiting the US. 

You can adjust in USA without leaving if you are 245i grandfathered benefit.

 

Otherwise, I-601A waiver to overcome the 3/10 Bar. The hardest part is proving ‘Extreme Hardship’ to the USC petitioning you but I’ve seen really good success rate of those approvals based on my research.

 

if it is approved. You would get a date to interview in your home country. Generality, I believe its couple of week stay there before you can return. 

 

Do you have DACA?

 

If you were under 21. You would be IR to your sibling adjusting here without leaving?

[Renatus 2]

1 hour ago, Visitor User said:

Personal experience here. I did both. 

 

6/11/09 PD from mother USC I-130. Approved 5/20/14. 

 

I-485 and I-485A/I-765 eligible in October 2017 Visa Bulletin filing only section.

 

10/4/17 RD. One RFIE.

 

EAD approved 8/8/18. 

 

Interview is on 2/25/19.

 

Meanwhile, USC brother I-130 PD 6/9/11 is still pending.

 

 

Did you have to leave the country?

[geowrian 22,338]

4 minutes ago, Visitor User said:

Otherwise, I-601A waiver to overcome the 3/10 Bar. The hardest part is proving ‘Extreme Hardship’ to the USC petitioning you but I’ve seen really good success rate of those approvals based on my research.

Just a note that a sibling does not qualify as a relative for the I-601A. But a parent does.

 

Quote

Do you have DACA?

That would be a possibility to avoid needing a waiver...unlawful presence only accrues from age 18 onward, and does not accrue while covered by DACA.

 

Quote

If you were under 21. You would be IR to your sibling adjusting here without leaving?

Incorrect. Siblings are never considered an IR.

Edit: This would apply to a parent, but given the details thus far, I don't think this applies.

Edited February 5, 2019 by geowrian

[Visitor User 253]

1 minute ago, Renatus said:

Did you have to leave the country?

No because I used 245i benefit. My lawyer also recommend it. 

[Visitor User 253]

24 minutes ago, geowrian said:

Just a note that a sibling does not qualify as a relative for the I-601A. But a parent does.

 

That would be a possibility to avoid needing a waiver...unlawful presence only accrues from age 18 onward, and does not accrue while covered by DACA.

 

Incorrect. Siblings are never considered an IR.

Edit: This would apply to a parent, but given the details thus far, I don't think this applies.

Thank you for correcting me on not qualifying for I-601A on USC sibling as well as not IR with a USC sibling.

 

So if someone gets DACA before they turn 18 then they won’t to start to acrue unlawful presence? I thought DACA doesn’t give legal presence?

 

 

[geowrian 22,338]

24 minutes ago, Visitor User said:

So if someone gets DACA before they turn 18 then they won’t to start to acrue unlawful presence? I thought DACA doesn’t give legal presence?

DACA recipients don't accrue unlawful presence. This differs from having an actual lawful status, though.

 

While archived (DACA status itself is in the process of being terminated, for the lack of other phrasing given the legal process involved)

https://www.uscis.gov/archive/frequently-asked-questions

" Q1: What is deferred action?
A1: Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. "

[accumbyte 149]

23 minutes ago, Visitor User said:

So if someone gets DACA before they turn 18 then they won’t to start to acrue unlawful presence? I thought DACA doesn’t give legal presence?

Deferred Action for Childhood Arrivals does not grant lawful status but does provide lawful presence; https://www.uscis.gov/archive/frequently-asked-questions:

Quote

Q1: What is deferred action?

A1: Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.

 

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time, at the agency’s discretion.

 

27 minutes ago, Visitor User said:

Thank you for correcting me on not qualifying for I-601A on USC sibling as well as not IR with a USC sibling.

For future reference, USCIS definition of Immediate Relative is very limited: https://www.uscis.gov/tools/glossary/immediate-relatives

[SusieQQQ 11,587]

OP was on J visa so presumably DACA under 18 never applied. 

well if he’s lived here 10 years illegally, I guess he can try the next 7-14 waiting for a petition to become current. 

[SusieQQQ 11,587]

4 hours ago, Visitor User said:

The 3/10 only applies if you depart USA.

 

Did you have any I-130 and/or Labor Certification (ETA-750) filed on or before 4/30/01? If yes, you would get the grandfathered benefit and can adjust in USA without leaving. If no, look into the I-601A waiver.

He’s been here 10 years illegally, J visa is what, max 2 years? Unless there’s other info left out, the math doesn’t add up to getting anything filed by 18 years ago.

[SusieQQQ 11,587]

4 hours ago, Renatus said:

 

Just for the record about going back, that's not true. I have friends in similar situation that got his legal papers through siblings without exiting the US. 

It would be informative if you were able to share the details of your friend’s case.  Because your friend must have met one of the exemptions listed below;the question is, do you?

 

A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. This bar to adjustment does not apply to: 

•Immediate relatives; 

•Violence Against Women Act (VAWA)-based applicants;

•Certain foreign doctors and their accompanying spouse and children; 

•Certain G-4 international organization employees, NATO-6 employees, and their family members;

•Special immigrant juveniles;

•Certain members of the U.S. armed forces and their spouses and children;  or

•Employment-based applicants who meet the INA 245(k) exemption.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

[geowrian 22,338]

4 minutes ago, SusieQQQ said:

It would be informative if you were able to share the details of your friend’s case.  Because your friend must have met one of the exemptions listed below;the question is, do you?

 

A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. This bar to adjustment does not apply to: 

•Immediate relatives; 

•Violence Against Women Act (VAWA)-based applicants;

•Certain foreign doctors and their accompanying spouse and children; 

•Certain G-4 international organization employees, NATO-6 employees, and their family members;

•Special immigrant juveniles;

•Certain members of the U.S. armed forces and their spouses and children;  or

•Employment-based applicants who meet the INA 245(k) exemption.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

I would just note that none of that applies to a petition from a sibling.

[Visitor User 253]

15 minutes ago, SusieQQQ said:

He’s been here 10 years illegally, J visa is what, max 2 years? Unless there’s other info left out, the math doesn’t add up to getting anything filed by 18 years ago.

I was just asking and giving options.