Previous visa overstay, admitted on Waiver, can we adjust status?

[fulash]

My brother during his last visit stayed 8 months while visiting me; it's not his fault, he was given 1 year on his I-94 when he arrived.  

Now he arrived again, at the Newark Liberty Port of Entry, he was told that he overstayed the last time; they gave him a waiver admission on form I-93 with 212(d)(4) checked, and told him to leave in 1 Month.

Is that admission considered a proper status? Can he stay with me and adjust status later when it's time?

 

Thanks,

[JoeF]

Adjust status to what? If you are a US citizen and sponsored him for a GC, that takes 12+ years.

Does the I-94 say something like no EOS/AOS permitted?

 

[pontevecchio]

In any matter involving direct contact with the CBP, you would do very well to involve a law firm, maybe the firm of Murthy or any of your choice.