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.