Green Card - Visa Number Available but overstay

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chiyere

Registered Users (C)
I came to the U.S legally a few years ago. I was given an I-94 form at the airport. I have overstayed my visa now for about a year. My mom, a permanent resident, had applied for my green card and the I-130 was approved about a year ago and we finally were given an interview date (which means that a visa number is available). The only problem is that my interview is set to take place at the consulate general in my home country (but I am aware of the fact that if I leave the U.S now, I will trigger a ban). So my question is what are my options? I spoke to an immigration lawyer and the lawyer said that he would send a mail to the NVC with a letter explaining that I am in the U.S and that I entered here legally and was given the I-94 form. He says that they will change the location of my interview to somewhere in the U.S but is that possible?

Also I know that I can now apply for adjustment of status but I am afraid that it will be rejected and that I could be facing deportation - but is that my only option? (I overstayed my visa because I have been here in the U.S getting surgery for burn injuries that I received - is that reason enough for an overstay waiver? I also can't really go back to my home country because I don't really have any family left there that I could stay with)

And my last option is to wait till my mom becomes a citizen, she is applying in December but my worry with that is that I turn 21 at the end of next year so will she have received her citizenship by then?

Please advice me on which option is the best, I would greatly appreciate it. Thank You.
 
What type of visa did you enter with? Because you don't have legal status you can't file AOS based on a petition from a permanent resident parent, but in some cases depending on the type of visa (especially if it's F-1 with D/S on the I-94) you might be approved at the consular interview.

Are you still receiving the medical treatment, or did it end recently? If it ended months ago, that won't be a justifiable reason for continuing to remain in the US. In addition, to get a waiver on that basis you would also have to show that the condition prevented you from traveling, or that the treatment (including day-to-day living assistance, if necessary) was unavailable or substandard in your own country.
 
I think I came in on a b1 or b2 visa that we keep extending for a while. I am still receiving the medical treatment. The condition would not have really prevented me from traveling but the financial burden of traveling back and forth (have had 8 or 9 surgeries so far) would have made receiving the treatment impossible. Also it would have been impossible for me to receive the treatment in my own country as it pretty much does not exist there.

Other than applying for adjustment of status, is there no other way for me to have my interview here in the states?
 
chiyere said:
I think I came in on a b1 or b2 visa that we keep extending for a while. I am still receiving the medical treatment. The condition would not have really prevented me from traveling but the financial burden of traveling back and forth (have had 8 or 9 surgeries so far) would have made receiving the treatment impossible. Also it would have been impossible for me to receive the treatment in my own country as it pretty much does not exist there.

Other than applying for adjustment of status, is there no other way for me to have my interview here in the states?
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No. But you might be able to avoid the 10-year ban and get approved at the consulate by convincing them with sufficient evidence that your overstay was due to circumstances beyond your control (your injury and the surgeries).

And ditch that lawyer. The lawyer should know that there's no way you can get interviewed for AOS in the US while your mother is still a permanent resident.
 
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