New Rules on who is considered an EWI an who is an Overstay

update: THIS RULE ABOUT ENTERING UNDER A DIFFERENT (NON-CITIZEN) NAME WAS VACATED (OVERTURNED). You're still an Overstay not an EWI
Some of you who may have considered yourself overstays are now EWIs though a recent court ruling. If you were brought here under someone else's (non-citizen) paperwork, you are now considered an EWI. Remember this rule does not apply to people who were brought here posing as a citizen, then it's a lifetime ban (I've heard different things about this so talk to a lawyer or PM losguerra.

Most of the time if you have your I-94 and old passport, you're good and know you were brought here with your own name. If you don't then talk to your parents before you request a record of your I-94 (not always possible so keep those things safe!). Start opening up a dialog. You need to know how you came into this country and if it was under your own name. It's hard to get a straight answer because most of the time they aren't proud of it and are reluctant to admit to their children that they did something like that. Make sure you let them know you would understand why they did it but you really need to know the truth if you're ever going to adjust.

In most cases with people without passports or I-94s, you were brought here using your own passport but it just got lost and your parents will be annoyed at you for a few days for assuming such a thing. Worst case scenario, they tell you the truth and you realize it's not the end of the world. You'll adapt because this is your life, you don't have the luxury of expectations.

We know that whichever category we fall into, we had no say over it but it still makes a world of difference in terms of being able to adjust. Both categories can still adjust it's just that the EWI adjustment must take place outside the country and by leaving you trigger a ten year ban which leads to a whole other set of hurdles but people have done it.

Also, if you don't really have a great relationship with your parents and want to know if you have a removal order or not, search this forum for how you can do that on your own. Or even better and safer yet, talk to a lawyer and they can find out for you but don't get scammed into filing an asylum case by the lawyer. Most end in removable orders. Too many stories on here recently of people who have been victims of shady lawyers pushing asylum in filing. Knowledgeable asylum seekers know better than to put their life in the system's hands. Why is it important to see if you have a removal order or not? Read this thread. http://www.dreamact.info/forum/showthread.php?t=8420

Don't let you get this down, adjustment is still possible, it's just a little more work because it has to be treated as an EWI now.

so if i came in 19 years ago as a 1 year old without my own passport, came in under my mother's, I can adjust right now? or I Still have to wait? This all seems like good news to me but Idk exactly what to do with it lol, thanks!

As long as you're mentioned in her passport you're okay.

You can adjust via a legitimate marriage to a U.S. Citizen in the country.

If you fall under 245i, you can adjust though that plus though other family member petitions and possibly employment as well.

Oh yeah, if you're an EWI but fall under 245i then you can still adjust in the country. Check it out, loads of people thought they didn't fall under 245i when in reality they did. It takes digging and questioning your parents about petitions submitted before 2001.

yeahh i know for sure that im 245i protected and my brother is a resident, i could go through him but im 20 now, i heard ill be 32 before anything is done =(

So if I came here with my mom on a tourist visa with individual passports, I'm still considered an overstay, right?

ygaa, can I ask where you found the court ruling? As a matter of fact, could you please post a link to the court ruling or a transcript of the ruling.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D313FAE8B76DB7FD8825741700580543/$file/0675021.pdf?openelement

Technically, the Ninth Circuit's decision is only binding to all the courts in the Ninth Circuit which covers most of Western United States. The other 10 circuits are not bound by this decision however, it sets a precedence that the other circuit courts may use to deny petitions.

Isn't this ex post facto? EWI is a misdemeanor, and overstay is a civil offense, so if this applies to people who are already here then it seems it would fall under that. Or am I misunderstanding ex post facto and it only applies to things that go legal ----> illegal, rather than one shade of illegal to a more serious shade?

i came under my own passport & visa but with a different last name and birth date. where do i fall into.