Originally Posted by Demise

Most likely not. There's only two exemptions:

1. 245(i):

To qualify under 245(i) you must've been sponsored before April 30, 2001, and the principal applicant for that petition must've been physically present in US on December 21, 2000, if the application was filed on or after January 14, 1998. There is no physical presence requirement for petitions filed before that date...

Petition for purposes of this means:
I-130 (family petition)
I-140 (employment petition)
I-360 (special immigrant petition)
I-526 (EB-5 investor petition)
ETA 750 (old PERM application, which is a prerequisite for most employment categories)

The form must've been approvable when filed. Meaning that it was approved, or it would've been if things were to go alright (e.g. company went under, sponsor died midway through, an RFE was missed but it'd be approved, here is boils down to review by the USCIS agent, in cases of employment cases it's simpler to use the labor certification). If you're unsure bring some more info and I can tell you.

Note that immediate relative petitions do not allow derivatives, so if your parent was petitioned by USC spouse or child, that would not confer coverage on you.

So now, lets say that you look over above and it seems you are eligible, lets say your mother was sponsored by her brother in 1996, you were under 21 at the day it was filed, petition was approved, and all that.

So what now? You can file for adjustment of status, you'll need to include form I-485 Supplement A, include evidence that the petition existed (e.g. old approval notice), evidence that you are related to the primary beneficiary (e,g, marriage or birth certificate), include a $1000 penalty fee and send it out.

2. Cancellation of Removal for Certain Non-Permanent Residents
This is not recommended but it lets you jump over most hoops, it also lets you adjust without leaving US.
Issue is that this is the second hardest immigration benefit that you can seek. (First one would be Withholding of Removal under UN Convention Against Torture)

In order to qualify for cancellation of removal, you need:
1. Be physically present in US for at least 10 years prior to issuance of Notice to Appear (formal document placing you into removal proceedings)
2. Be in removal proceedings, and you can't just bring yourself in. For people that want to pursue this way they need to take amtrack or grayhound around border areas and hope that they fall into a raid. (No kidding, sometimes getting yourself into removal proceedings can be hard, one of the lawyers I know spend about 8 months trying to get her husband into removal proceedings so they could seek a cancellation case for him due to a 9C ban that can't be waived by ordinary means...).
3. Not have any criminal issues that would render you inadmissible.
4. Have a USC/LPR Spouse, Parent(s), or/and Child(ren) that would suffer "Exceptional and usually extreme hardship" if you were deported.

Now 4 is the hard part because you are at a much higher level here than just for the waiver. It can be fought but it depends on the situation, if you just got hitched, it probably won't work. If you have two kids, one is disabled, and you have LPR parents one of whom has cancer, that's definitely a case.

Last crux here is 4,000 limit of green cards granted under COR provisions. So you might have a case, and you might just have to roll back and forth to court for years until the judge says that a number is available and can grant you COR. Expect to spend at least 4-5 years here. During the time you're doing it you're technically an applicant for adjustment of status so you can keep renewing an EAD.



Well now for the more sane and more available option:
I-601A waiver. This one does require you to depart. Requirements are as follows:

1. You have an approved visa petition with a current priority date.
2. You have a USC/LPR Spouse or Parent that would suffer extreme hardship if you were forced to depart for 10 years.
Now note: Sponsor and petitioner need not be the same, so you can use a relative to get a visa under a petition filed by anyone else, or even via DV lottery.

The procedure is simpler. You pay the DOS IV fee. You file I-601A with two hardship letters (one from your spouse explaining the hardship she will face), one from yourself that's more of a statement of facts as to why you need this thing, how you met your spouse, ending with some statement where you ask that your waiver be granted.

Now there are 4 fields to focus on the hardship:
1. Emotional
2. Financial
3. Medical
4. Inability to reunite in your country of birth.

1. Emotional is simple but relatively weak. You basically state how much you mean to one another, you mention any kids you may have, may even mention pets if all else fails.
2. Financial - this one is a bit better especially if you are the sole provider or your income is needed by the family. Bonus points for kids.
3. Medical - this one is simple, spouse/children have some medical issues that need attention and its best to seek that in US.
4. Inability to reunite in your country of birth. Here the factors to consider are: Low standard of living, lack of close relatives, high crime an d poverty rates, spouse not speaking the language, racism, etc.

Now note this: Only hardship to your spouse matters here, however, hardship to your children or even to yourself can be used, the thing is - you spin it as hardship to your spouse. How? Be create and draw dotted lines. Have kids? Now your spouse is basically the sole provider that has to take of them on your own. You come from a shitty country? Your spouse has every right to worry about you and not want to move to place where gangs roam the streets or he/she can get beaten up by hoodlums due to wrong skin color (different ethnic backgrounds definitely help). Medical reasons - same thing really, especially if the spouse/children depend on you for support or for insurance or medical care abroad sucks.


Now aside the two documents you should include anything you think helps?
Have kids - add birth certificates. Spouse/child has a medical condition - add a medical record. Your country sucks? Find the DOS country status report and any articles that push the narrative that reuniting there isn't worth it. You can also add some pictures but for the most part these aren't too important.

Now, you should ask: But what if my spouse has someone to fall back onto if I go poof? Well, omit those parts. Remember, you control the narrative, USCIS doesn't interview for waivers, they won't bring you in to question every single line you both have written. If your spouse has parents that'd let them and the kids stay for as long as necessary - omit their existence. Don't lie, just don't mention it. Say what advances the case and shut up, don't find some plan Bs and Cs for your absence because you're proving to not be indispensable.


Regarding any other evidence: If it's not immediately relevant don't bother with it. So don't bother collecting letters from priests and whatnot.


So I-601A is filed, you sit on nails for a few months, approval comes now what. Well USCIS will notify NVC to schedule a consular interview abroad. You will get a letter asking for a shopping list of evidence that the NVC wants. Nothing too major. Documents have to be translated into English or in Language of the country the interview will take place. Send it in, you'll get a date, you have to depart, go attend the interview, get your IR-1 visa, and come back to US.