CDJ Interview process

[Fiore]

Hello.

Is anyone familiar with a process where the applicant entered the U.S. ilegally and stayed for over 20 years and yet, they do not need a waiver, even when they have to go to CDJ to their interview appt?

My aunt has been told that she will only go to CDJ to pick up her approved visa and won’t need a waiver. She will then enter the U.S. with her visa and she will then apply for AOS.

She is married to a U.S citizen who fixed his status through 245i.
My aunt did not have a petition during the 245i time period.
She hasn’t had any work permits to apply for advance parole.
She doesn’t have anyone in the military, either.

Does this sound legal to you? I think she will need a waiver but the paralegal helping her keeps saying that she doesn’t.

Help!

- - - Updated - - -

Can a 245i beneficiary applicant embrace his wife and family with this petition? He was the only one who had the petition.

[BLANCA33]

Hello.

Is anyone familiar with a process where the applicant entered the U.S. ilegally and stayed for over 20 years and yet, they do not need a waiver, even when they have to go to CDJ to their interview appt?

My aunt has been told that she will only go to CDJ to pick up her approved visa and won’t need a waiver. She will then enter the U.S. with her visa and she will then apply for AOS.

She is married to a U.S citizen who fixed his status through 245i.
My aunt did not have a petition during the 245i time period.
She hasn’t had any work permits to apply for advance parole.
She doesn’t have anyone in the military, either.

Does this sound legal to you? I think she will need a waiver but the paralegal helping her keeps saying that she doesn’t.

Help!

- - - Updated - - -

Can a 245i beneficiary applicant embrace his wife and family with this petition? He was the only one who had the petition.

I was told the same in not needing a waiver but still having to go to CDJ for my immigration appointment as I had entered Illegally. However I entered at the age of 4yrs and received DACA when I turned 16yrs old which according to all 3 lawyers I consulted with, prevented me from obtaining any Illegal presence. However, if I had turned 18yrs old an not have been/or be on DACA I would have accrued Illegal presence if I had stayed in the U.S. for over a yr. which in turn I would be required to petition for a waiver. She might want to consult with a lawyer so there are no surprises when she goes to her appointment in Mexico.

[y14gemini]

If the person stayed over 20 years they accrued illegal presence. I agree with Blanca33, you need to consult with an attorney. If that was the case probably 80% of the people on here would have their residency and not need a waiver.

[Coventrated]

K1 and K3 are the only Visas you use to obtain to enter and adjust in country.

K3 is effectively dead.

[Fiore]

Thank you so much for the feedback. I was able to convince my aunt to talk to several immigration attorneys and she decided to hold off and not go to her Visa interview appointment without a waiver. She is now working on that.