Provisional waivers for unlawful presence

Does this apply to people who overstayed visas?

My mother is a permanent resident, am I able to adjust status using this waiver or I don't need it? It seems that if my mother applies for me as a citizen it will take longer according to the visa bulletin.

No if you came here with a visa, you can adjust status without the waiver.

The new action makes sons and daughters over the age of 21 immediate relatives?

When it comes to the waiver, sure.

EDIT: To clarify. You are now eligible to apply for the waiver if you are a son or daughter regardless of age. This doesn't change your priority when it comes to petitions.

No. I wish. If you are a USC over 21, you can petition for your mother or father. This waiver is for those who entered without inspection and despite having a visa available to them could not adjust status.

Since immigration law rarely makes sense: A parent is considered an immediate relative of a USC child - BUT a child over 21 is not considered an immediate relative of a USC Parent.

No it doesn't, you have to wait till your priority date becomes available in the visa bulletin until you can use the waiver. This waiver is for people who can't adjust status because they entered without inspection.

What do you guys suggest? Should I wait for some sort of immigration reform? Or file to adjust status because my mother is a permanent resident?

You guys are confusing people with this. To answer the OPs questions. NO you cannot adjust your status. If you are the adult child of a LPR/USC even after you entered the US with a visa. The only exception to this is if your petition was filed on or before 04-30-2001 which in that case YOU COULD adjust your status under 245(i), otherwise in order for your to adjust your status now you have to have remained in lawful status the whole time youve been in the US which you havent.


Dont get confused, and to verify my answer feel free to contact any immigration attorney.

I'm trying to figure this out myself.

Found this article that basically says it depends. But it does sound like this new rule will allow sons or daughters of LPR to adjust if they are not eligible to adjust.
http://www.nolo.com/legal-encycloped...hapter2-4.html

Just marry some citizen lol ... jk