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alefonck

Overstaying tourist visa and doing consular processing with F2A

By alefonck in Bringing Family Members of Permanent Residents to America

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alefonck Contributor

alefonck   16

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Filed: IR-1/CR-1 Visa Country: El Salvador
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I am the beneficiary for unmarried children under 21 of permanent residents.

My family and I came to the US on 2012 with tourist visas when I was 17. My parents became permanent residents while we were here and my mom petitioned for me in March of 2014. I am now 20 and my case is completed and awaiting interview in my home country. I am aware I accumulated more than a year of unlawful presence, therefore I technically will have a 10 year ban the second I leave the US. I know the approval of my visa is left to the consular officer's discretion. My question is, do you think my visa will be approved regardless of my unlawful presence and if I have to process a waiver for the unlawful presence, what are my chances of it being approved under the circumstance that both my parents reside in the US?

I know this is mostly a matter of opinion, but I would like to hear your thoughts.

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For example, there could be hardship to parents if the parents are elderly and needs the child to help take care of them.

alefonck Contributor

alefonck   16

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Filed: IR-1/CR-1 Visa Country: El Salvador
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No, it cannot be approved without a waiver.

Thank you. By the way, what is your knowledge on waivers? Do you think I have high chances of having the waiver approved?

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Boiler Grand Master

Boiler   43,391

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Filed: K-1 Visa Country: Wales
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What do you mean by technically?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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alefonck Contributor

alefonck   16

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Filed: IR-1/CR-1 Visa Country: El Salvador
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What do you mean by technically?

I guess I meant technically since this can be waived but at that moment in time, I would have a 10 year ban from the US.

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Boiler Grand Master

Boiler   43,391

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Filed: K-1 Visa Country: Wales
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Most bans can be waived.

How good is your waiver?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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alefonck Contributor

alefonck   16

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Filed: IR-1/CR-1 Visa Country: El Salvador
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Most bans can be waived.

How good is your waiver?

I am currently in the US, so I have not started processing my waiver, which to my understanding is only processed after the interview in my home country. If you mean what the basis for my waiver is, then it's just the fact that both my parents who are permanent residents are living in the US and I have no ties with my home country. I am just worried since the waiver instructions say they are only granted in extreme hardship situations, and I don't know if mine is considered ''extreme.''

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Boiler Grand Master

Boiler   43,391

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Filed: K-1 Visa Country: Wales
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Have your Parents appointed a Lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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alefonck Contributor

alefonck   16

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Filed: IR-1/CR-1 Visa Country: El Salvador
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Have your Parents appointed a Lawyer?

No, they have not. I have filed all the paperwork regarding my visa to this point. Do you think one is necessary? Of course I would use all means necessary to get back to this country, but I thought the waiver could be filed by myself as well. I feel like a lawyer can't really change the facts and do much for me, but I might be wrong, I don't have a huge understanding on waivers.

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NancyNguyen Experienced

NancyNguyen   1,657

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Filed: Citizen (apr) Country: Vietnam (no flag)
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You don't have any experience on waivers and you feel lawyers would not be helpful. It is kind of redundant, isn't it?

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Pitaya Grand Master

Pitaya   2,576

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Filed: Lift. Cond. (apr) Country: China
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~Moved from Bringing Fam. Member of PM to US to Waiver and Admin. Processes Forum~

~Inquiry about waivers~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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alefonck Contributor

alefonck   16

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Filed: IR-1/CR-1 Visa Country: El Salvador
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You don't have any experience on waivers and you feel lawyers would not be helpful. It is kind of redundant, isn't it?

I didn't have any experience on filing a visa petition either, but I learned by reading information and the instructions to file are usually pretty straightforward. This is why I am asking. I know how to file, I just wanted an opinion on the chances of me getting approved. That's all.

Thank you for your help.

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IcezMan_IcezLady Proficient

IcezMan_IcezLady   582

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Filed: IR-1/CR-1 Visa Country: Ghana
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I didn't have any experience on filing a visa petition either, but I learned by reading information and the instructions to file are usually pretty straightforward. This is why I am asking. I know how to file, I just wanted an opinion on the chances of me getting approved. That's all.

Thank you for your help.

Well, that would have been nice you had read about it earlier.

The point is, you are too close to risk a DIY. What else would you not know?

If I were you, I would get a lawyer to help complete the whole process. You are almost done.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Shauneg Experienced

Shauneg   762

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Filed: K-1 Visa Country: Philippines
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Posted (edited)

I didn't have any experience on filing a visa petition either, but I learned by reading information and the instructions to file are usually pretty straightforward. This is why I am asking. I know how to file, I just wanted an opinion on the chances of me getting approved. That's all.

Thank you for your help.

A waiver is a one shot deal...don't start thinking to can do it yourself.

37.8%

Edited by Shauneg
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alefonck Contributor

alefonck   16

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Filed: IR-1/CR-1 Visa Country: El Salvador
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Well, that would have been nice you had read about it earlier.

The point is, you are too close to risk a DIY. What else would you not know?

If I were you, I would get a lawyer to help complete the whole process. You are almost done.

You're right. For now I will get a lawyer consultation and have them talk me through it. Thanks for your input.

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