Arabelly in application to F2A non citizen consular processing

[hsg 0]

Hi everyone,

I immigrated to the United States in 2002 with my parents. At the time I was 8 and entered with a B2 visa. My parents received their residency through my sister - a USC. My parents then filed I-130 for me putting me into the F2A category. After turning 18, I accumulated about 8 months of unlawful presence before receiving DACA. I finally received a date for my immigrant visa interview, but given my unlawful presence accumulated I cannot leave without trigger a 3 year ban. I was wondering whether Arabelly would apply to my case even though my requestor is not a USC. In other words, if I apply for advance parole and have it granted, will I be able to attend my interview without triggering the ban?

Thank you all in advance for any help you may provide!

[TBoneTX 45,469]

This is complex, and it's not certain that folks on VJ could be of much help or provide meaningful insight. Have you contacted a good immigration attorney? Many attorneys will give you a free or reduced-rate initial consultation, so you can get several opinions if the first ones differ.

Edited November 14, 2014 by TBoneTX

[hsg 0]

My family has consulted 8 lawyers. It wasn't until the last lawyer we visited brought this point up. He was confident the ban would not trigger, but there seems to a gray area in the matter in regards to non USC. I was hoping someone here had experienced a similar case.

[Hypnos 6,576]

That's a very interesting question. Not sure of the answer, and given the edge nature of the subject matter I'm not sure you will find one here, but it's certainly worth investigating.