Alachua, FL Immigration Law Firms & Lawyers

There's nothing to do.  No one will prevent you from leaving.  However, if you overstayed 1 year or more, when you leave, you will trigger the 10-year bar, which means you cannot return to the U.S. for 10 years.  Also, your visa(s) will automatically be revoked.

Unfortunately, the answer to your inquiry is a qualified no. I say it is a qualified no because even your brother is ineligible to be considered under your mother's petition. I am assuming that your step-father is a citizen of the US. And assuming that he is a US citizen, he can file an immigrant visa petition (Form I-130) for his spouse and his unmarried children under 21. An unmarried child can include a step child where the qualifying relationship was entered before the child turned 18 and it appears that this is how your brother would be included in the process. However, what you have to keep in mind is that the step-father would be required to file separate petitions for his spouse (your mother) and for his child (your brother). Spouses, parents and unmarried children of US citizens are collectively known as "immediate relatives" under US immigration law. And a foreign national designated as an immediate relative cannot provide derivative visa benefits to a spouse or unmarried child. As dumb as this would sound, if your step-father were are permanent resident, he could file a petition for your mother which would include your brother but would still only include you if the qualifying marriage occurred prior to your 18th birthday. But as a US citizen, no such derivative benefits are available and your step-father will be required to file separate petitions for his spouse and his child. Don't mean to overly confuse this and the answer to your question is that a petition cannot be submitted on your behalf because the qualifying marriage was entered after you turned 18. I wish there were a better response because the situation in which you find yourself is fairly crappy, but that is what the law provides. Be careful out there and do not let anyone talk you into spending your money on applying for benefits for which you are not qualified. If there is any doubt about anything, consult with someone else. in a situation like yours many people looking only to take your money will tell you whatever you want to hear. Don't let that happen and make absolutely sure that anyone who offers any assistance to you adequately explains what is being done and why it is being done.

The regulation (not a law) that takes effect March 4 merely allows those who have accrued unlawful presence in the US to apply for a waiver of that ground of inadmissibility from within the US (prior to this, you had to leave the US and go to a US consulate abroad to apply for this waiver).