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Will I be able to Adjust Status or do I need to go back to my country and do Consular Processing and a Waiver for my Overstay?
Anonymous2 views4 answers
I entered the US on a B-2 visitor visa during 2006. My US citizen brother had petitioned me back in 1997. According to the Visa Bulletin my Priority Date is current.
If the sibling petition was filed in 1997, you are allowed to adjust status pursuant to 245i. Since the visa is available, you can proceed to file with USCIS.
As my colleague has suggested 245i is your means to adjust status if your petition was filed in 1997. I suggest you contact an immigration attorney to handle this matter so that the explanation to USCIS is clear. Best of luck to you.
Do NOT leave the US. Since, your brother's application was filed before April 2001, you qualify for 245i. Stay and Pay the $1,000 fee and receive your green card in the USA. Assistance of an immigration attorney is always recommended.
