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Filed: F-1 Visa Country: Grenada
Timeline
Posted

Asking for a friend — 

 

She’s been in the US for 9 years. Entered at age 14 on a tourist visa. Her grandmother (US citizen) then petitioned for her father (grandmas son) to get a green card that same year. Herself and other siblings were on the petition. Last month, their family received notice of their interview. She’s now 23. 
 

The problem is she never left the US after entry on the tourist visa. She attended high school in the US. She is wondering if she can go home to attend her immigration interview and re enter the US without a ban. 
 

Does it count as overstay if they had papers processing? 
 

Any advice would be helpful. Her interview is in 5 days. 

F1 (graduated) with pending AOS after marriage! ^_^

Filed: K-1 Visa Country: Wales
Timeline
Posted

Does she have DACA and if so from what age?

“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.”

Filed: F-1 Visa Country: Grenada
Timeline
Posted
18 minutes ago, Boiler said:

Does she have DACA and if so from what age?

No DACA, didn’t meet requirements for time of arrival then applications stopped is what I’m told. 

F1 (graduated) with pending AOS after marriage! ^_^

Filed: K-1 Visa Country: Wales
Timeline
Posted

So 10 year ban kicks in when she leaves.

“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.”

Posted
3 hours ago, APGG94 said:

Asking for a friend — 

 

She’s been in the US for 9 years. Entered at age 14 on a tourist visa. Her grandmother (US citizen) then petitioned for her father (grandmas son) to get a green card that same year. Herself and other siblings were on the petition. Last month, their family received notice of their interview. She’s now 23. 
 

The problem is she never left the US after entry on the tourist visa. She attended high school in the US. She is wondering if she can go home to attend her immigration interview and re enter the US without a ban. 
 

Does it count as overstay if they had papers processing? 
 

Any advice would be helpful. Her interview is in 5 days. 

Of course it’s overstay, and was a problem since the day she turned 18 (minors don’t accrue unlawful presence)  unless she had another legal status to stay on.
Do any of the rest of the family have overstay issues or is it just her?

 
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