Hello! I have a few questions that I hope you can help me out with. I am 20 years old and came to the US on a visitor's visa but never did go back to my country when the time was up(am undocumented now). My mum is now a LPR(with conditions right now)due to the fact that she married a USC in 2006. I know that she can now file for me and my siblings(we all came at different times but are undocumentd nonetheless. My older sister is 24 and my brother is 9) but through whom is the preference system going to based from, my mother or my step father? I was 18 and a half when they married, my brother was under 14 still, and my sister was already over 21. Please give me some insight on what we might expect(get lawyer?,possible timeline?..etc). Also,hypothetically, if we do apply through whichever parent and the I-130 gets approved(even if you don't have a number yet) is it possible to go to college on in state tuition with just that confirmition letter from them, or even just the letter that you get that they have recieved the paperwork? I know this is alot to take in but please help us out. We are trying to do the right thing. Thanks much!

Get a lawyer.

In brief, that's what it looks like to me:

Your stepfather can file an immediate relative petition for children who were under 18 when the marriage took place (your younger brother). He won't have to wait for the visa number, and will be able to adjust status as soon as I-130 is approved.

Your stepfather can't file for you or you older sister. Your mother can, as long as you're both unmarried, but you will have to wait for a visa number, and you will have to deal with your illegal presence situation - it won't be forgiven, cause you're not an immediate relative of a US citizen. So, back to my first advice, get a lawyer.

You can't go to college on a state tuition - you're an illegal alien. The fact that a relative petition has been filed for you by your LPR mother doesn't give you any legal status in the US whatsoever.

Thanks for the reply Sid and Nancy. I guess we are going to have to use a lawyer...wowee!
I wonder if the fact that I came when I was 14 will change any factors in this case?hmmm

But thanks! )

The Lawer can not really help, but probably best to get it from them.

Coming at 14 means that the first 4 years does ot count, the ban starts at 18, so at 20 you have a 10 year ban on re-entry.

Seems to me your situation is complicated and yes, no lawyer can get around certain things like illegal presence - I would think -I am NO expert- that your illegal presence after 18 will indeed warrant a 10 year ban. Sorry to bring bad news.
L.

This is really SAD news,going back to my country is I guess what I have to do..but building a future there is on the grim side. Thanks to all.