I appreciate all your inputs. He was about 27 when he overstayed. But doesnt the fact that that he was legally admitted on a visa have any positive bearing on the case?
He does qualify for 245(i) protection because he was petitioned prior to April 2001. So based on that can he apply for AOS after 10 years of his last departure?
My cousin was petitioned in 2000 by his US citizen sister. He entered the US prior to 2000 on a B1/B2 visa and subsequently overstayed. However he left the country briefly in 2001 but returned to the US in 2001 and was admitted on his visa. His priority date is now current. Can he do AOS now or...
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