Visa interview at ciudad Juarez

[Feru-San 2]

Hello. I already sent all my paperwork to the NVC and are just waiting for my case to be completed so my interview can be scheduled. I got DACA right after turning 18, but did not accrue any unlawful presence because I applied before I turned 18. I'm now 20, but was wondering if anyone who has DACA went to the interview and did not need a waiver. I'm pretty sure, but I would like to know if anyone has been in the same situation. If so, do they already know you've had DACA through your A-number or do I need to take proof with me to the interview? Thanks!

[Fr3edom21 10]

The best thing to do would be to get advanced parole, go to mexico, come back and then adjust here in the USA.

When you come back under advanced parole, you're being "inspected" which is necessary to adjust here in the US.

Leaving the USA for an interview at a consulate is always risky, specially yours since you're not 100% sure if you've accumulated illegal presence in the USA.

Fr3edom21.

[Yesij 5]

Have they schedule your interview yet?

[Feru-San 2]

No, I haven't received an appointment, but my case is complete so I'm just waiting for the appointment to be scheduled.

[Yesij 5]

Good. I am in the same situation but my case is not complete yet. I applied for Daca when I was 17 but I turned 18 I month after my Daca was approved. what proof are you taking with you?

[Feru-San 2]

Well I'm gonna take my approval letter of i-821d, but I don't think it will be necessary since they have my alien registration number, so they should be able to have access to all that information.

[Yesij 5]

Are you still waiting for the interview?

[D-ANGEL 0]

The purpose for a waiver-

Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers  before they leave the United States for their consular interview.  On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these foreign nationals cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.

The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees);  who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.

This new process was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States.

The expansion of the provisional unlawful presence waiver process does not affect the continued availability of the Form I-601 process: Individuals who do not wish to seek or do not qualify for a provisional unlawful presence waiver can still file Form I-601, Application for Waiver of Grounds of Inadmissibility, after a DOS consular officer determines that they are inadmissible to the United States

 

daca-

What Is DACA

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

 

I copied this from https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

I have Daca since 2013 and I applied for waiver waiting for my interview.