Hello everyone, I have a problem. I'm currently in the U.S with an F1 Visa. However; my visa expired last year. I'm not here illegally since I'm still studying and my I-20 is current. However; my interview is coming up and it is supposed to be in my home country. I can't go since I won't be able to come back without a current visa. Both my parents reside here in the States and they are legal residents. Is there a way that I can have my interview here? Thank You so much!
Can I have my interview IN the U.S?
- Thread starter klox23
- Start date
Jackolantern
Registered Users (C)
If your interview is scheduled to be abroad, that means your parents chose consular processing. Which makes sense, because you are apparently over 21 and had to wait several years to reach the interview stage so they wouldn't have expected you to be in the US at this time.
After approval at the green card interview (and medical exam and fingerprinting) in your country, you would get an immigrant visa. That would allow you to return to the US, as a permanent resident.
It is probably possible to transfer the interview in the US, but that depends on the details of your situation, and it will cost over $1000 and delay your process by at least a few months. What exactly is the basis of your green card -- a parent with a green card filed for you directly? A citizen parent filed for you? Or did another relative or employer file for your parents who got their green cards recently and now you are trying to get your green card as a derivative beneficiary with follow-to-join? Or are your parents also going to interview for their green cards? When did you turn 21? When was the I-130 filed? How soon is your interview?
Even if you had a valid student visa, you wouldn't be able to return with it, because of immigrant intent.
After approval at the green card interview (and medical exam and fingerprinting) in your country, you would get an immigrant visa. That would allow you to return to the US, as a permanent resident.
It is probably possible to transfer the interview in the US, but that depends on the details of your situation, and it will cost over $1000 and delay your process by at least a few months. What exactly is the basis of your green card -- a parent with a green card filed for you directly? A citizen parent filed for you? Or did another relative or employer file for your parents who got their green cards recently and now you are trying to get your green card as a derivative beneficiary with follow-to-join? Or are your parents also going to interview for their green cards? When did you turn 21? When was the I-130 filed? How soon is your interview?
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What exactly is the basis of your green card?
-My mom became a resident in 2006 and she filed for me. I was 19 at the time and turned 21 in April 2008.
When was the I-130 filed?
-March 2007
How soon is your interview?
- I don't have a date yet. I just know that it is supposed to be in my home country.
“After approval at the green card interview (and medical exam and fingerprinting) in your country, you would get an immigrant visa. That would allow you to return to the US, as a permanent resident.”
-Wouldn't that take weeks? I can’t stay there for weeks. :S
“If your interview is scheduled to be abroad, that means your parents chose consular processing. Which makes sense, because you are apparently over 21 and had to wait several years to reach the interview stage so they wouldn't have expected you to be in the US at this time.”
- My parents keep telling me that they always wrote down my address here in the states while filing all the paperwork. I have been here since 2005 and they started doing the paperwork in 2006. I don't get how immigration still expects me to go to back to my home country for the interview when we have all been living here practically since 2006.
Some more info: I got my I-130 approved during the summer in 2009. Priority date: March 2007. Category F2B. We trusted that our lawyer would let us know when to take the next step. Yet she didn't! She neglected to tell us or "forgot" that she had gotten a notice from USCIS during the spring 2010 for my case asking me to send some documents over. We didn’t discover this until yesterday when my mom called and called and finally someone at uscis told her this. They said that my case had been put on hold or something like that since I didn’t send those documents over a year ago. We were all livid at the layer! They reactivated my case and are now going to send me an email with the next steps to follow.
I guess it is also our fault for not learning more about the process and not being on top of things. But, I was just confused since I thought that once my I -130 got approved I would just have to wait for my priority date to become current at the visa bulletin. I didn’t know we had to do some extra steps.
I’m still so confused about the whole deal. The lady at USCIS told me that the faster I send my documents over, the faster they can give me an interview date. But, what about the visa bulletin? My priority date is not up yet.
Do you know how this will affect me? After I send the documents over, then what? I still want my interview to be here, so I wouldn’t mind paying extra, how will I go about it?
Sorry for all the extra info and questions. But, thank you so much for all your help!
-My mom became a resident in 2006 and she filed for me. I was 19 at the time and turned 21 in April 2008.
When was the I-130 filed?
-March 2007
How soon is your interview?
- I don't have a date yet. I just know that it is supposed to be in my home country.
“After approval at the green card interview (and medical exam and fingerprinting) in your country, you would get an immigrant visa. That would allow you to return to the US, as a permanent resident.”
-Wouldn't that take weeks? I can’t stay there for weeks. :S
“If your interview is scheduled to be abroad, that means your parents chose consular processing. Which makes sense, because you are apparently over 21 and had to wait several years to reach the interview stage so they wouldn't have expected you to be in the US at this time.”
- My parents keep telling me that they always wrote down my address here in the states while filing all the paperwork. I have been here since 2005 and they started doing the paperwork in 2006. I don't get how immigration still expects me to go to back to my home country for the interview when we have all been living here practically since 2006.
Some more info: I got my I-130 approved during the summer in 2009. Priority date: March 2007. Category F2B. We trusted that our lawyer would let us know when to take the next step. Yet she didn't! She neglected to tell us or "forgot" that she had gotten a notice from USCIS during the spring 2010 for my case asking me to send some documents over. We didn’t discover this until yesterday when my mom called and called and finally someone at uscis told her this. They said that my case had been put on hold or something like that since I didn’t send those documents over a year ago. We were all livid at the layer! They reactivated my case and are now going to send me an email with the next steps to follow.
I guess it is also our fault for not learning more about the process and not being on top of things. But, I was just confused since I thought that once my I -130 got approved I would just have to wait for my priority date to become current at the visa bulletin. I didn’t know we had to do some extra steps.
I’m still so confused about the whole deal. The lady at USCIS told me that the faster I send my documents over, the faster they can give me an interview date. But, what about the visa bulletin? My priority date is not up yet.
Do you know how this will affect me? After I send the documents over, then what? I still want my interview to be here, so I wouldn’t mind paying extra, how will I go about it?
Sorry for all the extra info and questions. But, thank you so much for all your help!
Jackolantern
Registered Users (C)
Did they pick a consulate for question 22 on the I-130, or did they select adjustment of status? If they picked a consulate, that's where your case will be forwarded when your priority date is current.
In order to adjust status in the US, you need to still be in LEGAL status when your priority date becomes current. It would appear that you have another 4 years of waiting in F2B; 3 years if your mother becomes a US citizen and you remain unmarried (that would move you to the 1st preference category).
Unless you're in a really long-lasting study program like a PhD or medical school, your student status probably won't last that long. So it looks like you'll need to leave the US long before it's time for your interview unless you can get a work visa like H1B (or TN or E3, depending on which country you're from) when your studies are over.
If adjustment of status was selected for Q22 of the I-130, but you're NOT inside the US legally to pursue adjustment of status when they reach your priority date a few years from now, she will need to file I-824 to change the case from adjustment of status to consular processing so you can interview in your country.
If you are still in the US legally when your priority date becomes current, you can file I-485 and your interview and related formalities (fingerprinting, medical) will be in the US.
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