Nvc to uscis

[GVANESSA233 13]

Hi all 

so I’m 2019 i submitted my i130 and it got approved .I did nothing with it (did not submit a waiver ) 

2021 i traveled with advance parole and was able to get a legal entry as i have DACA 

MARCH 2021 i sent out my AOS PACKET BUT NVC SCHEDULED ME FOR CONSULAR 🥺 

 

i contacted nvc and they said uscis will request the file back ? 
many one in the same situation 

 

thank you 

[nastra30 1,968]

31 minutes ago, GVANESSA233 said:

i contacted nvc and they said uscis will request the file back ?

I don't see why this is a problem or anything to worry about. Basically, USCIS will need your file back to proceed with your AOS. Meanwhile, you can apply for EAD based on your AOS.

[Letspaintcookies 2,202]

Isn't it normal for DACA to interview abroad when they do AOS?

That's at least what I gathered from the cases I remember. 

[GVANESSA233 13]

3 minutes ago, Letspaintcookies said:

Isn't it normal for DACA to interview abroad when they do AOS?

That's at least what I gathered from the cases I remember. 

Hey , so when DACA get a legal entry and narrow to a usc we can adjust status in the US 

5 minutes ago, nastra30 said:

I don't see why this is a problem or anything to worry about. Basically, USCIS will need your file back to proceed with your AOS. Meanwhile, you can apply for EAD based on your AOS.

Okay yea i contacted my congresswoman i hope she can give me some peace of mind lol

 

thank you 

[nastra30 1,968]

7 minutes ago, Letspaintcookies said:

Isn't it normal for DACA to interview abroad when they do AOS?

That's at least what I gathered from the cases I remember. 

Yes,  because they were not inspected and admitted at port of entry so they'll need to do consular processing.

But op, was eventually able to re-enter and admitted at port of entry. Based on this, I think she could adjust.

[Letspaintcookies 2,202]

5 minutes ago, nastra30 said:

Yes,  because they were not inspected and admitted at port of entry so they'll need to do consular processing.

But op, was eventually able to re-enter and admitted at port of entry. Based on this, I think she could adjust.

 

13 minutes ago, GVANESSA233 said:

Hey , so when DACA get a legal entry and narrow to a usc we can adjust status in the US 

Ah I thought it would be the same for everyone under DACA. That you can stay here and wait while it processes but have to do the interview abroad. Thanks for the information 😊

[Crazy Cat 39,190]

18 minutes ago, GVANESSA233 said:

Hey , so when DACA get a legal entry and narrow to a usc we can adjust status in the US 

Okay yea i contacted my congresswoman i hope she can give me some peace of mind lol

 

thank you 

I remember you from a few years ago...☺️.  I don't see a problem.  I believe NVC is correct.  Good luck!!!

[GVANESSA233 13]

11 minutes ago, Crazy Cat said:

I remember you from a few years ago...☺️.  I don't see a problem.  I believe NVC is correct.  Good luck!!!

Yes 😆 finally getting this over with 😩

[Chancy 6,233]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas -- OP filed for AOS, not asking about spouse visa process ***

 

[Kai G. Llewellyn 821]

17 hours ago, nastra30 said:

Yes,  because they were not inspected and admitted at port of entry so they'll need to do consular processing.

But op, was eventually able to re-enter and admitted at port of entry. Based on this, I think she could adjust.

This is correct. However, there is a legal distinction that OP was not admitted on their re-entry, but paroled into the country, which specifically is not an admission. They remain an applicant for admission.

 

However, given that OP was inspected and paroled into the United States, the bar to adjustment for their original EWI previous to their re-entry no longer applies.