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IR2 interview at consulate.... what are my chances?

#1 starlover

starlover

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Posted 17 December 2011 - 05:55 AM

So I came illegal to the U.S. at age 10 with my mom. I stayed in the country, finished high school, etc. I left before I turned 18 and a half. My dad, a U.S. citizen had filed I130 for me which got approved and now I have been scheduled for an interview at the Consulate. If they ask have I stayed in the U.S. should I just tell them yes, my mom sneaked me in with her when I was a minor and that I left before I turned 18 1/2?

Currently I am 19. Do you think I have a good chance of getting a visa seeing I am under IR 2 category and no criminal record. I864 is above the poverty line too. I'll be taking my old passport that has proof I entered my home country before I was 18 and a half year old and my renewed passport. I will also take my medical exam, a police certificate and already sent them the DS230 part I and II.

And maybe a copy of U.S. citizenship of my dad just in case?

What do you think my chances are of getting it? What kinda questions will I expect from them so I can be ready?

And what should I wear?
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#2 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 17 December 2011 - 10:57 AM

So I came illegal to the U.S. at age 10 with my mom. I stayed in the country, finished high school, etc. I left before I turned 18 and a half. My dad, a U.S. citizen had filed I130 for me which got approved and now I have been scheduled for an interview at the Consulate. If they ask have I stayed in the U.S. should I just tell them yes, my mom sneaked me in with her when I was a minor and that I left before I turned 18 1/2?

Currently I am 19. Do you think I have a good chance of getting a visa seeing I am under IR 2 category and no criminal record. I864 is above the poverty line too. I'll be taking my old passport that has proof I entered my home country before I was 18 and a half year old and my renewed passport. I will also take my medical exam, a police certificate and already sent them the DS230 part I and II.

And maybe a copy of U.S. citizenship of my dad just in case?

What do you think my chances are of getting it? What kinda questions will I expect from them so I can be ready?

And what should I wear?


Be 100% honest with them. Always. You don't know how much they know, but they will deny you if they determine you're lying to them.

IR2's are usually straightforward because there's no discretionary determination whether a valid relationship exists, like there would be with a spousal or fiancee visa. If you have sufficient proof that the petitioner has the required family relationship with you (i.e., he's your father), and you are not inadmissible, then the visa should be approved.

Unless there's a question about whether the petitioner is actually your father, I expect the questions will mostly be about your period of unlawful presence in the US. They'll mainly be looking to see if that unlawful presence should have resulted in a ban, or if you did anything while in the US that would make you inadmissible.

Dress as you would for a job interview.
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#3 starlover

starlover

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Posted 17 December 2011 - 03:08 PM

Be 100% honest with them. Always. You don't know how much they know, but they will deny you if they determine you're lying to them.

IR2's are usually straightforward because there's no discretionary determination whether a valid relationship exists, like there would be with a spousal or fiancee visa. If you have sufficient proof that the petitioner has the required family relationship with you (i.e., he's your father), and you are not inadmissible, then the visa should be approved.

Unless there's a question about whether the petitioner is actually your father, I expect the questions will mostly be about your period of unlawful presence in the US. They'll mainly be looking to see if that unlawful presence should have resulted in a ban, or if you did anything while in the US that would make you inadmissible.

Dress as you would for a job interview.


If I have to be 100% honest, then I should mention that not only my mom, but I also came with my U.S. Citizen dad. Would THAT be a problem?
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#4 starlover

starlover

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Posted 17 December 2011 - 03:13 PM

Be 100% honest with them. Always. You don't know how much they know, but they will deny you if they determine you're lying to them.

IR2's are usually straightforward because there's no discretionary determination whether a valid relationship exists, like there would be with a spousal or fiancee visa. If you have sufficient proof that the petitioner has the required family relationship with you (i.e., he's your father), and you are not inadmissible, then the visa should be approved.

Unless there's a question about whether the petitioner is actually your father, I expect the questions will mostly be about your period of unlawful presence in the US. They'll mainly be looking to see if that unlawful presence should have resulted in a ban, or if you did anything while in the US that would make you inadmissible.

Dress as you would for a job interview.


Also, what do you mean "They'll mainly be looking to see if that unlawful presence should have resulted in a ban."? Like getting arrested etc. ?
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#5 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 18 December 2011 - 01:18 AM

If I have to be 100% honest, then I should mention that not only my mom, but I also came with my U.S. Citizen dad. Would THAT be a problem?


I'm not sure why you think that would be a problem. Are you thinking maybe they'll accuse your dad of smuggling aliens into the US?

Also, what do you mean "They'll mainly be looking to see if that unlawful presence should have resulted in a ban."? Like getting arrested etc. ?


No, getting arrested is a completely different type of inadmissibility, which of course they'll also look at. What they'll be looking for in your unlawful presence is evidence that you left the US before incurring an automatic ban. You didn't actually start accumulating unlawful presence until you were 18 years old. As long as you left before you accumulated 180 days of unlawful presence then you shouldn't have incurred a ban.
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#6 starlover

starlover

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Posted 18 December 2011 - 02:25 AM

I'm not sure why you think that would be a problem. Are you thinking maybe they'll accuse your dad of smuggling aliens into the US?


Well, yes. That's what I am afraid of. Since he "smuggled" his own son in. Would there be any problem?

No, getting arrested is a completely different type of inadmissibility, which of course they'll also look at. What they'll be looking for in your unlawful presence is evidence that you left the US before incurring an automatic ban. You didn't actually start accumulating unlawful presence until you were 18 years old. As long as you left before you accumulated 180 days of unlawful presence then you shouldn't have incurred a ban.


Then I shouldn't have any problems. I didn't get arrested, never did anything illegal (besides being there) and I left 2 months after I turned 18 (Which is only 60 days). I have the port of entry stamp in my expired passport. Hope that'll be enough proof.

And thank you for replying and helping me out!
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#7 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 18 December 2011 - 02:43 PM

Well, yes. That's what I am afraid of. Since he "smuggled" his own son in. Would there be any problem?


Probably not. I've never heard of a US citizen being accused of smuggling aliens when they brought family members into the US. Besides, this sort of thing is very difficult to prove after the fact. If they were going to do anything then it would likely be if they caught him crossing the border.
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#8 starlover

starlover

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Posted 18 December 2011 - 10:36 PM

Probably not. I've never heard of a US citizen being accused of smuggling aliens when they brought family members into the US. Besides, this sort of thing is very difficult to prove after the fact. If they were going to do anything then it would likely be if they caught him crossing the border.


Wouldn't me mentioning that my dad helped me cross be a problem?
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#9 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 19 December 2011 - 12:48 PM

Wouldn't me mentioning that my dad helped me cross be a problem?


I seriously doubt it. There are thousands of parents who do the same thing every year. We see their children here on VJ all the time asking questions about eligibility for a visa or adjustment of status. In all of those cases, I've never heard of USCIS or Department of State going after the parent for helping their child cross the border. They reserve that sort of prosecution for 'coyotes'.
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