Should my brother (citizen) or my mom (resident) petition? - Page 3

It would either require 245(i) (which lets you adjust in US) or an I-601A (which does require you to leave US, but it does waive the ban before you leave).

Yes we can, but you will still require 245(i) or I-601A. Both can be used with any sponsorship category: IR, F1, F2A, F2B, F3, F4, EB1, EB2, EB3, EB3 OW, EB4, and EB5, as well as it can be used with DV lottery.

The same notary who did the paperwork for my mom filled it out for me yesterday and today my information was sent. She helps people with their immigration problems and doesn’t charge a fortune like some lawyers too. I was fortunate to meet her. My situation is different because my mom works and I work too plus I entered legally with Advance Parole.

You definitely need a lawyer but if your mom doesn’t work and is obviously dependent on your income then I don’t see how that wouldn’t help your case.

I've seen cases on really shaky grounds get approved for waivers before. Elderly mother that lives with you and depends on you to some extend for care and finances will most likely get approved.

It's great you got a notary. Lawyer fees are no joke and I swear all these lawyers want to do is take our money. I wouldn't use a lawyer now unless it's absolutely necessary. I'm sure I'll need one when I file for the waiver when a visa becomes available. I did all of my mom's paperwork by myself without a lawyer so I'm fairly confident I can do it on my own (unless someone with more experience, like Demise think I should use a lawyer). Right now it's just filing the i130 and I've seen a lot of people on here not use a lawyer. I'm surprised you still sent your paperwork in with Trump's executive ban of 60 days. Unless I'm mistaken it won't be seen or processed. Today he said he may extend the ban for more than 60 days so I'm going to wait till the ban is lifted and then file i130 immediately after.

Demise, Thanks. I guess 245(i) is easier to deal with (visa overstay), rather than risking by taking a I-601A and getting denied from re-entry.

Yes 245(i) is the better and safer option, you pay a $1000 penalty and are allowed to adjust.

I-601A is also generally safe, unless you think you might be inadmissible for any other reason.

Have you ever heard of a way to get a fraud waiver without a US citizen spouse or parent?

It's only possible if you're a VAWA self-petitioner, in case of which you can claim hardship to yourself.

My mother petitioned me on 2013 when she was an LPR. I was 20 years old that time and my priority date is around 2013, forgot the exact date. She became a US citizen 2 years ago. If she "upgrade" her petition, will I lose my priority date? Thank you very much!

Just to be clear... If you are being petitioned by your parent, don't you have to be 21 years or younger?