Waiver

[sealtx]

I have a green card petition, my mom is a US citizen and I am single son over 21 yrs old, my priority date is aug 2007. I entered the US back in 1999 with a tourist visa but I over stayed my visa. I do know that when my visa is available probably in the next year, I won't be able to change my status under current law. I noticed that under this new executive actions anounced by the president, there is a new directive to expand the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens. I do know that this was originaly granted to immidiate relatives of US citizens who couldn't adjust status in the US most likly based on the fact that they entered without inspection, so they could request it before traveling to a US consulate outside the US. Immidiate relatives of US citizens who entered the US with inspection do not need this waiver to adjust status and they can do it without leaving the US. Since I entered the US with inspection and I am the son of a US citizen will I be able to adjust status my status with this waiver without leaving the US?

 

[newacct]

First, if you are just over 21, it is still possible that you can count as under 21, because under CSPA, the time the petition was pending is subtracted from your age.

To answer your question, yes, once the new provisional waiver rules come out, you can apply for one. Since you are not an immediate relative, and you are out of status, you are not eligible to adjust status. So you would need to go to the U.S. consulate in your home country and get an immigrant visa.