GC Situation

[paweld]

Hello,

To make a long story short:

- I entered the US with my family in 1993 on a tourist visa
- In 1995 we applied for AOS
- I left the US back to Poland at since I had no GC and could not work or study
- My father and mother got their GC's the same year that I left

I am sure that the tourist visa expired in the 1990's. After that I was under AOS. I did not turn 18 until 2005, and left in 2006 at the age of 19.

The main question is: do I have a visa ban? Considering that I was under AOS when I turned 18, and was a child when my visa expired?

A good addition might be that my parents filed for Consular Processing for me in continuation of the original AOS in 1995. My status was adjusted to legal permanent resident, and the NVC completed my case and scheduled an interview for next month. The Embassy here called me yesterday and told me that I don't qualify for the F-3 category that I filed for, since something was already at the Embassy for that case years ago for my whole family (no idea how since nothing was ever filed at the Embassy in Poland, we were in the US), and it expired leaving me with I assume no visa number. They were very unclear and I'm looking into it, but that's not really relevant to the main question.

Any help would be GREATLY appreciated.

 

[Jackolantern]

I left the US back to Poland at since I had no GC and could not work or study

That makes no sense, because with a pending AOS you would have been able to study and obtain work authorization. On what basis did your family apply for AOS? Asylum? Or a US citizen relative sponsored them?

The main question is: do I have a visa ban?

Depends on whether your AOS was filed before you turned 18 and still valid after you turned 18.

My status was adjusted to legal permanent resident, and the NVC completed my case and scheduled an interview for next month.

Your status was not adjusted to permanent resident. That happens only if you are in the US with an AOS application. Having an approved immigrant petition, which is what happened in order for you to get an interview at the consulate, is not adjusting status.

 

[paweld]

The AOS was definitely filed before I turned 18, and still valid after. My father's mother sponsored him (she is a citizen).

As for the idea that I was adjusted to legal permanent resident, I received a letter from USCIS that says I-797 Notice of action on the top, and the case type is I824. It says exactly this:

"The above application has been approved. We have notified the consulate listed above that the applicant's status has been adjusted to that of lawful permanent resident."

That's not an actual adjustment of status?

Thanks for your help.

 

[acr]

Nope.

 

[Jackolantern]

They indeed approved your adjustment of status, without realizing that you were outside the US. But because you were outside the US, and you either did not have Advance Parole or did not return to the US before it expired, your permanent resident status is dead and gone. Or if your adjustment of status was approved before you left the US, you have been away so long that it is now considered abandoned. You got some absolutely terrible advice from whoever told you to leave the US.