Jen45566

35 minutes ago, geowrian said:

There are other circumstances that prevent or toll unlawful presence while covered....the biggest ones being TPS and DACA. So if somebody turns 18 and has DACA (or whatever other authorized stay / deferred action) approved on day 1 of turning 18, then they won't have any unlawful presence accumulated for the purpose of obtaining a bar so long as they remain covered. Once they lose coverage, the accrual of unlawful presence starts/resumes.

 

If they leave before age 18 then they won't have any bar for an overstay. It doesn't not mean they did not overstay....so getting a non-immigrant visa may be a challenge still (likelihood to overstay again/work/try to find a way to AOS), but no bar upon exit for an overstay.

But the ages here are all over 18 right now anyway IIRC. The D/S should protect them from a bar due to unlawful presence at least until August (?) when the new rules kick in.

So if my sister leaves the states before August she will not be subjected to a ban?

10 minutes ago, Teemo said:

Tough situation.

 

Best option for your sister to stay here is to eventually marry a US Citizen for love, as you did, otherwise it is at least 14 years to petition her as a sibling (much longer if from Philippines or Mexico), and she would have to leave the US then incur issues with the 10 year ban etc. There is no forgiveness for unlawful overstays with a sibling.

 

You can petition for your parents as soon as you naturalize, their overstay is forgiven as an immediate relative and they can adjust within the country without leaving and it would happen within a year. They are immediate family so there are no limits so their priority date is always current. 

 

Any overstay you accrued yourself was forgiven through adjustment of status through your USC immediate relative (spouse). 

 

I don't understand the title of this thread - "Are my parents here legally or illegally" - why would you think they are here legally when they have overstayed their visa by decades? If they had received lawful status such as permanent residency you and your sister would have received it too. 

It just was something that I was unsure of because my mom always claims up and down that we are legal because student visas don’t expire? I remember with my visa, I got a D/S but not an official expiration date. I don’t know. And, I know I stated that my dad doesn’t go to school which is true but he is enrolled in one of those for profit? English schools where they just mark everyone off. 

So so long story short, there’s pretty much no option but marriage for my sister?

So, I am married to a USC and before I got married I was on a F-1 visa and completely detached from my family’s status. I am a green card holder and will naturalize as soon as I am able to . I am 21 years old. I don’t know if I have to be a certain age to sponsor someone.

My family on the other hand has been here since the 1990s on a F-1 visa and my sister is still an F-2 visa holder. She will be 21 in a year and a half. Now, my dad doesn’t go to school and works. My parents have pretty much screwed us to the point where we did not qualify for DACA and we have lived in the states our whole lives and cannot speak our home language. We simply cannot go back home. 

They are also unwilling to pay for our education because “all the American kids pay for their own” So, my little sister cannot pay for school (she unfortunately did not receive any scholarships) because she can’t work besides the odd cash jobs here and there and we don’t qualify for aid or loans. So, she won’t be able to enter the work visa lottery after college. We have also tried to enlist in the army but by the time we were both old enough, they have closed their MAVNI program. Anyways, I’m saying all this because I feel like just by ourselves we are at a dead end. My sister has been dating but understandably she has not found any one she wants to marry.  

Anyways, I know I still have a year before I could help my sister but is it possible? Can I file an AOS on her behalf? I am also worried because when I filed my paperwork even if I was out of status I did not have any  unlawful presence  but I read somewhere that USCIS is planning to change the law where F-1 students will start gaining unlawful presence starting August.  Is there anyway I could help her stay here? If I do file an AOS for her can she stay here in the states like I did even if she is out of status? Anyone, go through something similar?