Family Unity Waiver for immediate relatives - Page 2

Originally Posted by questionsihave

So, I had a question about this. Is my understanding of this correct in that this waiver would allow an immediate relative (child, spouse, or parent) to adjust their status without having to serve the 10 year ban since you can apply for the hardship waiver while you are inside the U.S then leave to pick up your visa if you are approved?

My brother who is a U.S. citizen will turn 21 this March just as this waiver is being implemented. Would my mother be able to apply through my brother with I-130 to get a visa so she would be able to apply for permanent residency?

Here is the link: http://www.dhs.gov/news/2013/01/02/s...waiver-process

Originally Posted by smsnene

If ur mom entered without inspection the new law will apply to her, this would also apply for my dad who hasnt filed yet

My mom came as a visitor so its different just givin u details of the time she got her work permit n residency

Originally Posted by questionsihave

Wait, my mother came on a b2 visa as well then overstayed. Does that mean this waiver doesn't apply to her? That she could just adjust her status while she is still in the country through my brother?

A little confused on this.

Originally Posted by Ianus

I can answer this.....she can be petitioned for in the US and adjust status here.A US citizen adult over the age of 21 who petitions for their visa overstay parent can have the adjustment interview inside the United States without issue because unlawful presence is forgiven through the US citizen adult child as it is an "immediate relative".

The only real thing to watch out for is the Affidavit of support.The petition won't take long for the parent in question typically it takes 3-6 months in total from filing to adjustment interview.

Originally Posted by Ianus

You guys can go here at the official site for further information on how a USC adult may apply for a parent[as long as they are simply an overstay].

One other thing I forgot to mention....I would ensure the parent has a copy of the visa they came in on or more preferably the I-94 arrival record because evidence will be required they came in legally on the forms and at the time of the Adjudication interview.

The process shouldn't take more than 8 at the most,but I've heard of applications being adjudicated very quickly from 2 1/2- 5 months being regular.

Originally Posted by oneday6

Thank you. Question about "immediate relatives". Is the process for that quick and simple? Can my brother who is 21+ and USC help me(over stayer) with this?

Originally Posted by Ianus

Siblings are not considered "immediate relatives" for immigration purpose for adjusting status here in the US.The process is a lot more difficult and probably impossible to adjudicate here in the US if not under 245i and also dependent on where you are from the timeline ranges from 11 to a 24 years of wait for siblings dependent on where the individual is from originally.