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#148
12-21-2012, 06:20 PM
Senior Member
From Texas
Joined in Sep 2012
3,208 posts
msaccountant
Quote:
Originally Posted by Ianus View Post
Completely dependent on if the individual is under 245i.Siblings are required to be US citizens and over the age of 21 before they can file and see further requirements here.The age of the beneficiary being filed for is NOT taken into consideration only the US citizen petitioner.If anyone says anything about the age of the beneficiary being a factor it is completely false!

The problem with sibling petitions is that the beneficiary would have to be under 245i in order to have the adjustment interview on US soil whether the individual is an EWI or visa overstay.Sibling petitions do not count as excusing unlawful presence for visa overstays as they are not considered to be immediate relatives.

Try to seperate the two so it isn't as confusing.AP has been around much longer than the implementation of DACA so I fail to see what is so surprising about this.The OP had an emergency abroad concerning a family member and was approved and provided Humanitarian relief to travel based on the finite information that her specific case required and came back without issue legally!

You're mistaken,a single Entry Without Inspection is not a "grounds of inadmissability.EWI is simply how you entered the United States! What restricts an individual from Adjusting status in the US is mainly how they entered! Grounds of Inadmissability usually deals with if an individual has crimes abroad or in the US,lied on an Immigration form before,has a disease,re-entering after being unlawfully present etc....lol

Not to be mistaken either,The OP had very strong ties to the US and definitely would have been allowed in so CBP did.
Oh okay thank you for the information Ianus you're always very helpful. I think that will be back-up plan just in case the DA/CIR or something similar does not pass in the next 4 years since like I said I'm currently ineligible because of my sibling's age.
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