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Can my parents still apply for me if we are outstide of US?

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  • Can my parents still apply for me if we are outstide of US?

    thanxHi!

    My parents are US citizens and im not.
    Im +21 and unfortunately overstayed my turist visa in US.
    And im subjected to 10 years ban if i live US.
    We plain to go and live in our country of origin in Europe this year.
    So, we will live US.
    My question is:
    Can my parents still submit petition for me (adult unmaried son) even if we (me and my parents) are outside of US?
    Is there any waiver possibile for my overstay or we have to wait 10 years?

    thax in advance!

  • #2
    thanxHi!

    My parents are US citizens and im not.
    Im +21 and unfortunately overstayed my turist visa in US.
    And im subjected to 10 years ban if i live US.
    We plain to go and live in our country of origin in Europe this year.
    So, we will live US.
    My question is:
    Can my parents still submit petition for me (adult unmaried son) even if we (me and my parents) are outside of US?
    Is there any waiver possibile for my overstay or we have to wait 10 years?

    thax in advance!

    Comment


    • #3
      just to be more clear - can my parents submit aplication for me FROM OUTSIDE of US (ambassy,consulate..) or they must be in US?

      Comment


      • #4
        Yes, they can.

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        • #5
          but what about my overstay?

          Comment


          • #6
            If both of your parents are US citizens all you have to do is "claim your US CitizenshiP" You need not ever apply for a visa again...Contact the US Consulte nearest you and tell them you are a foreign born child of 2 US parents and that you want to claim you citizenship - they will send you the appropriate forms. I just did this last year.....good luck

            Comment


            • #7
              If your both parents or any of them was a U.S. Citizen when you were born, then you can claim your citizenship. If your parents are naturalized citizens and they acquired citizenship after your birth, then you could ask for Certificate of Citizenship before 18 years of age. Now, it is too late for that. As we are hearing that the Govt. want to extend benefits of Section 245(i), then may be it will be worth for staying little longer and when 245(i) is extended then your parents can sponsor you over here and you donot have to leave the country. At that time, you will be allowed to adjust your status here by paying a penalty. Decision in yours, what and how you want to do it.
              Good luck.

              Comment


              • #8
                Hi!

                thanx for reply!

                Yes,my parents are naturalized citizens after my birth.
                I heard about i245 but i found that waiting time is 2-3 years for unmarried sons/daughters of US citizens.
                If my parents sponsor me in US under new i245 law i will have to wait 2-3 years in US without possibility to work, right?
                I would like to return to my home country and wait there all that time but ....
                Problem is my overstay (i overstayed beacuse my mom had very bad car accident during my visit here) and i dont know if there is possibility for an waiwer in my case if we apply outside of US -US ambassy?
                thanx

                Comment


                • #9
                  When 245(i) is extended then it works as a Waiver. You will just have to pay a penality for AOS here. In my opinion its worth waiting here. If your parents apply from here and you are here it will take less time than when you are out of the United States.
                  Good luck.

                  Comment


                  • #10
                    You are over 21 , above post are right. if your parents are naturalized before you becomes 18 then ,they sholld have claimed your citizenship. they did not done , so you have to go with regular process. you over stay your visitor status which will put you , in bar and the bar will only be triggered if your leave the US. IF you AOS before leaving the country, then bar will be abolished.
                    245i have the solution for you but its expires, there are lots of talk about reinstatement of 245i for limited time. you can wait for 245i to be reinstated and AOS based on that. otherwise your parent has to apply for you as son and Daughter over 21 catagory, and yes they can apply even outside of the US but at the interview you need the waiver for overstayed your visitor status. I don,t know at that time what will be circumstances in your case if you can get waiver or not..

                    Comment


                    • #11
                      thanx!

                      Comment


                      • #12
                        IF you AOS before leaving the country.

                        What is AOS?

                        Comment


                        • #13
                          AOS = Adjustment Of Status

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                          • #14
                            Thanksssssssssssssssssss
                            Mohan

                            Comment


                            • #15
                              i know that if i remain in US i can file for AOS under i245 but only problem is that it will take looong time .
                              Even if it is approved my category waiting time is 3-4 years.
                              I cant wait here that period of the time without possibility of work.
                              I only wish to know what are chances for waiver if we apply outside of US.
                              My dad had leucemia last year and my mom was injured in an auto accident but i dont know if its enough for INS to get waiver approved.
                              I searched over web to find what waiver we can use but i did`t find anything.
                              And there are no similar cases like our.
                              I spoke also with an lawyer(150$) and he told me that he never did an waiver like this so he does not know what chances we have if apply outside of US!

                              Comment

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