Aunt petitioning for Mom, I -130 Approved

[aaron2020 11,651]

No, i meant, if my parents petition for them will they have to go out the US?

Yes.

Only way for your brother and sister to become legal is to marry a US citizen like you did.

Edited December 30, 2015 by aaron2020

[newacct 688]

Your brother and sister are screwed. They would need a USC parent or a USC spouse to overcome their abuse of their visitor visas. By the time your parents become USCs, the youngest will be over 21. Only marriage to a USC can get them green cards.

This is not true. There is no ban for "abuse of their visitor visas". They cannot do Adjustment of Status but they can do Consular Processing. Based on the information the OP gave, one or both of the siblings do not have enough unlawful presence to trigger a ban upon leaving the US.

Only way for your brother and sister to become legal is to marry a US citizen like you did.

Simply not true.

[belinda63 2,981]

Sister is ok if she leaves prior to reaching 18 1/2. Brother is screwed as he will have a ban and no one qualified to file a waiver for him.

[Boiler 43,683]

Sister is ok if she leaves prior to reaching 18 1/2. Brother is screwed as he will have a ban and no one qualified to file a waiver for him.

Using Ap should put him back into status?

[newacct 688]

Brother is screwed as he will have a ban and no one qualified to file a waiver for him.

We don't know if he will have a ban. The OP is not sure exactly when he got DACA. And someone does qualify to file a waiver for him -- his parents.

[aaron2020 11,651]

We don't know if he will have a ban. The OP is not sure exactly when he got DACA. And someone does qualify to file a waiver for him -- his parents.

The parents that overstayed their visitor visas? How do they qualify to file a waiver for an adult son? Even if they were US citizens, what waiver? Edited December 31, 2015 by aaron2020

[newacct 688]

The parents that overstayed their visitor visas? How do they qualify to file a waiver for an adult son? Even if they were US citizens, what waiver?

At any moment after they (or one of them) become permanent residents, if their son leaves the US and needs a waiver to get a visa, a waiver for the unlawful presence ban (if there is one) can be filed based on hardship to them.

Edited December 31, 2015 by newacct

[aleful 1,905]

The parents that overstayed their visitor visas? How do they qualify to file a waiver for an adult son? Even if they were US citizens, what waiver?

they are saying of the possibility way in the future, the daughter will file for citizenship, she can file for her parents, her parents will become LPR, they file for their unmarried children which will have to go through consular processing, but parents qualify for them to file the waivers, out of the US unless the laws change and they are able to file something like the i601A, what the President tried to do

[Esme2015 2]

they are saying of the possibility way in the future, the daughter will file for citizenship, she can file for her parents, her parents will become LPR, they file for their unmarried children which will have to go through consular processing, but parents qualify for them to file the waivers, out of the US unless the laws change and they are able to file something like the i601A, what the President tried to do

Yes, this would be in a long time, not right now. I was just trying to inform myself. My brother's bday is April 5th, i highly doubt he receive his DACA October 5th. I just know its in October, so most likely 18 yrs and 7 months. That will put him out of status for 1 month, since everyone is saying he starts accumulating at 18.5 yrs. My sister will be different since she will be applying for DACA very soon seeing that my aunt's application will not go thru. I will be applying for my parents AOS sometime next year if everything goes right with my citizenship application.

Thank you all for your replies.

[newacct 688]

Yes, this would be in a long time, not right now. I was just trying to inform myself. My brother's bday is April 5th, i highly doubt he receive his DACA October 5th. I just know its in October, so most likely 18 yrs and 7 months. That will put him out of status for 1 month, since everyone is saying he starts accumulating at 18.5 yrs.

Well actually the deal is that he started accruing "unlawful presence" when he turned 18. He stopped accruing it when he got DACA. If he accrued 180 days of unlawful presence and left the US, he would incur a 3-year ban. He could only have accrued less than 180 days of unlawful presence if he got DACA less than 180 days after his birthday, which means before October 2.

Anyway, since he has DACA, he should stay in the US until he has gotten a viable solution figured out. His ability to immigrate based on his parent's petition is probably at least about 8 years away (time for you to get citizenship + parent to immigrate + wait time in F2B category), so there is nothing he can do about it for a while anyway.

[Esme2015 2]

Well actually the deal is that he started accruing "unlawful presence" when he turned 18. He stopped accruing it when he got DACA. If he accrued 180 days of unlawful presence and left the US, he would incur a 3-year ban. He could only have accrued less than 180 days of unlawful presence if he got DACA less than 180 days after his birthday, which means before October 2.

Anyway, since he has DACA, he should stay in the US until he has gotten a viable solution figured out. His ability to immigrate based on his parent's petition is probably at least about 8 years away (time for you to get citizenship + parent to immigrate + wait time in F2B category), so there is nothing he can do about it for a while anyway.

I have just checked and his DACA got approved October 18. That would mean 196 days of unlawful presence. Assuming that everything goes as planned he will be approaching his 30s. His situation might have changed by then. Right now it's just a waiting game