Overstay while green card processing?

[APGG94 35]

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. 

[Boiler 43,435]

Does she have DACA and if so from what age?

[APGG94 35]

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. 

[Boiler 43,435]

So 10 year ban kicks in when she leaves.

[APGG94 35]

11 minutes ago, Boiler said:

So 10 year ban kicks in when she leaves.

Okay thank you!

[Family 3,483]

3 hours ago, APGG94 said:

Her interview is in 5 days. 

Self deleted 

 

Edited October 23, 2022 by Family

[Family 3,483]

Is her father the only one attending the interview? Are parents divorced…( am assuming she came in w her mom and overstayed) so they will look closely at his own and family prior visa applications

[SusieQQQ 11,584]

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?