Which provision? -- "a provision in the law exempts the immediate relatives of U.S. citizens from the visa overstay"

[Co6aka 18]

Probably my brain is too faded at this point in the pandemic... I can't find the provision (chapter and verse) for the commonly seen verbiage, "a provision in the law exempts the immediate relatives of U.S. citizens from the visa overstay."  Maybe someone here knows where I can find it?  Thanks!

[HRQX 4,145]

35 minutes ago, Co6aka said:

Maybe someone here knows where I can find it?

See INA 245(c)(2). Must meet the definition of Immediate Relative as listed in the INA.

 

Also see: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

[Chancy 6,241]

9 hours ago, Co6aka said:

I can't find the provision (chapter and verse) for the commonly seen verbiage, "a provision in the law exempts the immediate relatives of U.S. citizens from the visa overstay."

 

I understand that you're asking in the context of AOS, but I just want to point out for those who are new readers here on VJ that there is no provision in the law that exempts immediate relatives from ALL the legal consequences of visa overstay.  As we have seen from reports of other VJ members, immediate relatives of US citizens may still get in trouble with ICE if they are caught being out of status.  The relevant privilege granted to IR of USCs (that is not available to other intending immigrants) is that they may apply for adjustment of status while on visa overstay, as noted in the post above.

 

[HRQX 4,145]

14 minutes ago, Chancy said:

As we have seen from reports of other VJ members, immediate relatives of US citizens may still get in trouble with ICE if they are caught being out of status.  The relevant privilege granted to IR of USCs (that is not available to other intending immigrants) is that they may apply for adjustment of status while on visa overstay, as noted in the post above.

Yup. Just today there was another thread about that:

 

Edited November 15, 2020 by HRQX