Overstay, EWI, adjustment, and your parents

If your parents brought you here under somebody else's papers, technically you are considered an overstay and can adjust, for example, if you get married. more info

However, here goes one lawyers opinion. Theoretically this is true. Practically, you might incriminate your parents in the process. Since this effectively puts the blame on them for document forgery, in which case they would be unlikely to ever adjust. Moreover, the case might be passed on to authorities that might choose to pursue the investigation further.

Just throwing this out there as a possibility.

Are people that come on a tourist visa and overstay eligible for adjustment through marriage without incriminating your parents?

Yes. I was referring to people who entered the country using falsified documents.

And again, this is just one lawyers opinion. It seems like it might have some truth to it.

Oh ok. Thank you.

Yes. If you overstayed your visa, you can adjust through marriage and you don't have to worry about incriminating your parents.

Check out this thread and read Part B "Marriage/ Engagement" Look for "Scenario 2: I entered legally but overstayed"

I've conferred with some lawyers who have some experience with this but they mentioned USCIS usually just hold onto the application until there are clear regulations pertaining to this way of adjusting.It can also work if you're an EWI who were caught by the Border Patrol & then subsequently administratively released with a promise to return which also counts as being "inspected".As always,proof is required on the part of the beneficiary when applying for residency to prove you were actually 'inspected'.

Meaning they would simply put the application in a pile somewhere untill there are laws or regulations that tell them how to handle overstays who entered with forged documents, even though inspected?

Proof, I'm assuming means the I-94, the white card as they call it?

Welcome to the government buracreacy that is the US government & USCIS is no different,if not worse.

It is only assumed that they "entered with inspection" when using forged documents.The reality is that a federal court would have to discern if that is a valid argument or not & this is where immigration law becomes hazy.Currently,The 9th Circuit court doesn't recognize this as a valid way of adjusting so USCIS applicants in the jurisdiction of the 9th Circuit would not be able to make such an argument against USCIS for the benefit,while other applicants in the rest of the country might have better luck.

The only way this will be settled is if a case comes before the Supreme Court or more likely at the Board of Immigration Appeals[BIA] in order to have a country wide ruling that USCIS would have to be binded by.I currently have not seen any such cases so far in the BIA that would affirm or deny this way of adjusting & it is still currently a possibility in the rest of the country.
You can use many things to prove inspection,the I-94 is just more universally accepted by USCIS.A person can prove inspection by the stamps in their passport given by CBP[regardless of overstay],by getting a copy of their A-File or an I-94.

As usual very informative. Thanks Ianus.