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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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Boiler Grand Master

Boiler   43,363

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Once you have a current PD you are good to go.

“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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newacct
newacct

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

mischa24 Explorer

mischa24   1

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

Correct, he cannot adjust with the parents being LPRs. He has to do consular processing since he overstayed. If he had been in status when his priority date became current he would have been able to adjust.

Hi Belinda63. my mother in law which is the petitioner is a US citizen.. can my BIL still adjust status in the US and does he need any waivers?

(L) (L) (L) (L) (L) F2A Filler (L) (L) (L) (L) (L)


05/03/2014 - sent I-130 to lockbox
05/08/2014 - received NOA1 via email
08/27/2014 - received NOA2 via email

NVC STAGE:

09/28/2014 - received case number from NVC
06/24/2015 - received NVC Welcome Letter
06/24/2015 - done with ds261 over the phone
06/24/2015 - sent AOS Fee payment thru mail
06/29/2015 - Confirmed thru phone AOS payment posted
06/30/2015 - Sent IV Fee thru mail
07/07/2015 - IV Fee Payment already posted in CEAC
07/07/2015 - done with DS260
07/10/2015 - sent AOS and Civil docs
07/13/2015 - received in NVC NW
07/28/2015 - Verified Case Complete by phone
09/30/2015 - Interview Schedule verified over the phone

xxxxxxxxxx - Visa status " READY"
11/09/2015 - Interview at USEM

xxxxxxxxxx - received VISA

xxxxxxxxxx - POE

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Boiler Grand Master

Boiler   43,363

Posted
Filed: K-1 Visa Country: Wales
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Posted

To adjust status he has to be in status or an immediate relative.

“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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newacct Experienced

newacct   688

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Filed: Timeline
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For some reason I thought your petitioner have to be a US citizen in order for you to qualify for a waiver

No. For unlawful presence ban waiver, there must be extreme hardship to the immigrant's spouse or parent who is a USC or LPR.

For provisional unlawful presence ban waiver, the immigrant must be in the Immediate Relative category and the hardship must be to the immigrant's spouse or parent who is a USC.

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