I am 20 years old and I immigrated to the US when I was 8 with a (B-2) tourist visa. I've lived here since and have never left.
My mother is a permanent resident and she wants to petition for me via the I-130 form, but we are getting conflicting information.
Some lawyers are claiming that since I have been out of status for more than 365 days I will be forced to leave the country and be penalized with a 10-year entry bar, unless I file for a waiver, which is very difficult to get.
Others are saying that since I entered the country legally my mother can simply file the I-130 form, I can wait for my turn and adjust my status without having to leave the country and therefore avoid the triggering of the bar altogether.
I would appreciate an accurate response.