Out of status and green card interview

[markordj 3]

My brother (35) has a green card interview in Jakarta in a few weeks. He was in the US with a student visa but he graduated and his visa expired. He stayed in the US out of status for 2 years while waiting for the interview appointment. Now that he has received his appointment date, he has flown back to Jakarta to prepare for his interview. Is this a concern for the interview that he was out of status? He’s now in Jakarta for the interview in a few weeks. He has taken the medical exam there. In the US, he lives with our mom by themselves. My mom is 72, just had knee replacements. She was a PR when she filed the application to sponsor him in 2016 but now is a citizen since 3 years ago. Any advice for a successful interview? Application submitted in 2016 when he was 26. He’s not married

[Crazy Cat 44,518]

1 hour ago, markordj said:

Is this a concern for the interview that he was out of status?

Absolutely....if he was actually out of status.  He could possibly have a 10 year ban.  It sounds like he got some very bad advice to remain in the US.

@appleblossom   @OldUser  @Boiler  @Dashinka

Edited yesterday at 09:32 PM by Crazy Cat

[markordj 3]

17 minutes ago, Crazy Cat said:

Absolutely....if he was actually out of status.  He could possibly have a 10 year ban.  It sounds like he got some very bad advice to remain in the US.

 

The focus remains on what we can do now to ensure a successful interview

[appleblossom 4,450]

2 minutes ago, markordj said:

The focus remains on what we can do now to ensure a successful interview

 

If he's subject to a ban then nothing, the interview will be held but then no visa will be issued until the ban is over (or a waiver is granted). 

 

You need to find out if he actually has a ban or not, do you know if his I-94 had 'D/S' on it?

[Crazy Cat 44,518]

8 minutes ago, markordj said:

The focus remains on what we can do now to ensure a successful interview

I agree with @appleblossom.  If he has a ban, the only hope is a waiver being available.  If so, it will take quite a while to get it processed.

[Dashinka 25,881]

I agree, if he is subject to a bar/ban, there is nothing that can be done right now.  The CO at the interview should instruct him as to if a waiver is available.

 

 

[markordj 3]

Should he fill up the waiver i601 and bring it to the interview with supporting documents in case it’s needed?

[Dashinka 25,881]

3 minutes ago, markordj said:

Should he fill up the waiver i601 and bring it to the interview with supporting documents in case it’s needed?

No, that will not help.  He first has to be instructed by the CO that a waiver is even possible.  Then the I601 will need to be filled out and submitted to USCIS that will process it first.  A waiver process can take more than two years.

[Crazy Cat 44,518]

20 minutes ago, markordj said:

Should he fill up the waiver i601 and bring it to the interview with supporting documents in case it’s needed?

Do you know, yet, if his I-94 expiration is "D/S"? 

[markordj 3]

1 minute ago, Crazy Cat said:

Do you know, yet, if his I-94 expiration is "D/S"? 

I’ve asked but he hasn’t reply

[Vegas i-751 80]

A waiver will be needed with the overstay. No way around it. 

[SalishSea 18,466]

7 hours ago, markordj said:

 

My brother (35) has a green card interview in Jakarta in a few weeks. He was in the US with a student visa but he graduated and his visa expired. He stayed in the US out of status for 2 years while waiting for the interview appointment. Now that he has received his appointment date, he has flown back to Jakarta to prepare for his interview. Is this a concern for the interview that he was out of status? He’s now in Jakarta for the interview in a few weeks. He has taken the medical exam there. In the US, he lives with our mom by themselves. My mom is 72, just had knee replacements. She was a PR when she filed the application to sponsor him in 2016 but now is a citizen since 3 years ago. Any advice for a successful interview? Application submitted in 2016 when he was 26. He’s not married

The overstay was a very bad idea.  Even if he is eligible for a waiver, it will take a few years.  If your mother needs assistance, you will likely need to find an alternative to the brother.

[markordj 3]

4 hours ago, Crazy Cat said:

Do you know, yet, if his I-94 expiration is "D/S"? 

Yes it is admit until D/S

[sompsyth 0]

Just curious, was he out of legal status but was on an authorized stay because his mom filed a petition for green card? and do you know approximately how long after the visa expiry the green card petition was filed?

[markordj 3]

2 minutes ago, sompsyth said:

Just curious, was he out of legal status but was on an authorized stay because his mom filed a petition for green card? and do you know approximately how long after the visa expiry the green card petition was filed?

PR application was submitted in 2016 while he was F1 status in the US. He graduated in 2023 and did not continue full time study or opt. I was assuming he became out of status then.