US Consular Processing in Canada?

[S3V3N]

I am the daughter of a US citizen. I have entered the US on an F-1 student visa a few years ago.

Since then, my father has filed an I-130 petition on my behalf and the petition was approved. The priority date has just become current, and that means that I can finally apply for a Green Card.

The problem

is that I must leave the US and go through consular processing. Because I violated the terms of my student visa, I can't apply for an adjustment of status from within the United States.


Now, my lawyer has advised me to travel to my home country for the consular processing.

However, I wonder if anyone here has gone through the consular processing at a US embassy/consulate in Canada instead of having to travel to his/her home country.

If you have, please share your experience as I would really appreciate it.

Thanks.

 

[Jackolantern]

is that I must leave the US and go through consular processing. Because I violated the terms of my student visa, I can't apply for an adjustment of status from within the United States.

That violation may also prevent you from obtaining a green card through consular processing, if USCIS has determined that you are unlawfully present.

How long have you been out of status? Since going out of status, did you exit and legally reenter the US? Are you currently in valid status (student or visitor or anything else) since reentering?

 

[TheRealCanadian]

The problem is that I must leave the US and go through consular processing. Because I violated the terms of my student visa, I can't apply for an adjustment of status from within the United States.

As Jackolantern said, be careful. Your exit from the US might trigger a 3 or 10 year re-entry bar.

However, I wonder if anyone here has gone through the consular processing at a US embassy/consulate in Canada instead of having to travel to his/her home country.

You cannot do this unless you have the right to reside in Canada, via Canadian citizenship or permanent residence.

 

[S3V3N]

Thank you both for your replies.

 

[S3V3N]

Thank you both for your replies.

How long have you been out of status? Since going out of status, did you exit and legally reenter the US? Are you currently in valid status (student or visitor or anything else) since reentering?

Well, I was in my senior year and was planning on graduating later in the second semester, but quickly slipped into chronic depression as a result of a romantic relationship gone severely sour, to say the least. By the end of the semester I was on anti-depressants and seeing a psychiatrist on a regular basis (I still am). Needless to say, my academic performance suffered and what was supposed to be 2 semesters ended up being twice as many. So, I was in violation of my visa terms. I consulted a lawyer and he's said that visa holders admitted for the duration of study do not accrue unlawful presence unless an immigration judge makes that determination.

So, I don't know. I'm relying on my lawyer, that he knows what is best for me. Still, I'm a bit concerned since some online sources state that cases like mine can be placed under Administrative Processing during the consular processing period.

 

[Triple Citizen]

That is correct. A US consulate in Canada will not entertain your immigrant visa request. In my opinion, you should be good to undergo AOS.

I consulted a lawyer and he's said that visa holders admitted for the duration of study do not accrue unlawful presence unless an immigration judge makes that determination.