here is the story of a girl. - Page 2

^I don't think Ianus meant 245i was necessary for overstays adjusting through marriage. If you are an overstay, the only way you can adjust is through marriage. If you are an overstay with 245i, other options become open for you in regards to adjusting through employment avenues, etc.

Obviously, if you EWI, 245i will allow you to adjust through marriage, whereas if you EWI and you don't have 245i, the only option is through the waiver process.

I'm confused. Some people on this board say it is still possible to adjust via sibling and parent sponsorship.

Question regarding visa overstays.
I was under the impression only spouses and parents of U.S. citizens were allowed to adjust (if you don't fall under 245i) but lawyers have told members otherwise that children and siblings of U.S. citizens can adjust as well. is it true?

Hey Ianus, i just read this and i never knew this. I've been trying to see how i can adjust my status. My parents brought me here illegally from mexico at the age of 2. Although now divorced, they did apply to the USCIS which was then the INS. I received an employment authorization card in December 2001 (at the age of 12 and was kinda useless to me since i was in school), do you think they have had to had been filing forms to the INS since before April 2001 to receive the EAD in december of 01'?? I have no clue since i don't live with my father anymore. I really want to know if i am eligible for the 245i to adjust my status, as well as 2 of my brothers. Thank you so much! Oh also, if you do file for the 245i, what are the requirements in order to get permanent residency after that? Any feedback would be greatly appreciated. I am one of the many Dreamers!

Was the application your parents filed approved or is approvalble? If it wasn't approved (you still qualify if you're still waiting but know it will be approved)?

The only way you can be under 245i is if one of your parents was petitioned before April 2001. Considering that you all received work authorization within a few months of that, it seems unlikely to me that what your parents applied for was 245i, which would have taken years. The only way you can know for sure is to ask your parents, though.

I am guessing it was approved since we all got social security cards and EAD's. Given to us in Dec. 01. After that, we just abandoned the case because we could not get green cards, because we came here illegally. (told by immigration judge). I am not sure if my dad had previous applications for us before April 2001. I'll have to contact him for that. But omg thanks for all this help!!!

Yeah, in that case it wouldn't have been 245i, considering that that was specifically for undocumented immigrants and so illegal entry would not have been an issue. In any case, good luck figuring things out.

My best guess is that there is conflicting information regarding this issue. Some lawyers have been able to obtain adjustment through sibling/children sponsorship but others haven't. The law doesn't specifically address this issue and practice has largely varied between regions.

I'll be sure to ask my immigration lawyer when I speak to him.

From my understanding concerning the law only Children under the age of 18 who are immediate relatives to Permanent Residents,Citizens & Adult Spouses of U.S. Citizens can adjust within the United States without 245i but it seems that the visa categories are really what it comes down to & lawyers have been able to argue new interpretations of what the law actually means concerning age & status eligibility.

I have come across at least 2 conflicting adjustment stories within the last 1 year or so concerning the Northeast region where the adjustment was & wasn't successful.

Story #1-; The mother of a United States Marine,whom was a U.S. Citizen by naturalization[& currently still fighting in Iraq],came into the country legally but overstayed by at least 9 years was told by the USCIS in order to continue the process was required to return home to receive the green card.Unfortunately,after returning home the mother was then told she was in effect barred from the United States by the U.S. embassy.

Story #2-; An undocumented visa overstay mother & daughter have been in the United States in an undocumented state for the last 11 years.The daughter got married & since 2006 has become a U.S. citizen through marriage & the daughter had filed the appropriate I-130 paperwork for the mother to become a Permanent resident just months after taking the oath.The Mother & U.S citizen daughter attended the interview in mid-'07 at the local USCIS district here in the country & had the application approved by the adjudicating officer.As of now,the mother has been outside the country at least twice & has returned with no problems during each vacation.

Honestly,it looks like it is totally based on the discretion of the USCIS adjudication officer & their interpretation of how it would relate to the law.I guess the best thing one can do is just hire a lawyer for the process so they can argue how it should be interpreted.

Welcome! Things will get better before they get worse.