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markordj

Out of status and green card interview

By markordj in Bringing Family Members of Permanent Residents to America

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Crazy Cat Grand Master

Crazy Cat   44,521

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted
7 hours ago, markordj said:

Yes it is admit until D/S

That's good news.  Then, he might be OK.  The consulate officer at the interview will make that determination.  

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Dashinka Grand Master

Dashinka   25,882

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
8 hours 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?

Not really authorized stay due to the petition filed by the mother as he being 35 does not qualify as an immediate relative related to immigration.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

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N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

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markordj Contributor

markordj   3

Posted
Filed: Citizen (apr) Country: Singapore
 Timeline
  • Author
Posted
5 hours ago, Crazy Cat said:

That's good news.  Then, he might be OK.  The consulate officer at the interview will make that determination.  

What if he hasn’t been a full time student or opt the last 2 years in the US?

appleblossom Mentor

appleblossom   4,456

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
50 minutes ago, markordj said:

What if he hasn’t been a full time student or opt the last 2 years in the US?


He really just needs to wait until the interview and see what the officer says. 

nastra30 Experienced

nastra30   2,522

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted (edited)

https://www.uscis.gov/sites/default/files/document/memos/2018-08-09-PM-602-1060.1-Accrual-of-Unlawful-Presence-and-F-J-and-M-Nonimmigrants.pdf?utm_source=chatgpt.com

 

F, J, and M nonimmigrants do not begin accruing unlawful presence until the date after USCIS, an immigration judge, or the Board of Immigration Appeals (BIA) formally determines that the nonimmigrant has violated his or her status.

----

This means that F-1 students (as well as J and M visa holders) do not accrue unlawful presence merely due to a violation of status until a formal finding is made by one of the above authorities.

 

Based on this info, I don't think the State Department is one of the parties responsible to make this finding (I could be wrong). Your brother could be in luck. Let us know how it goes. I replied to a similar post with same info on VJ or some other place, and I recollect the fellow received the visa without any findings. Good luck.

 

Edited by nastra30
markordj Contributor

markordj   3

Posted
Filed: Citizen (apr) Country: Singapore
 Timeline
  • Author
Posted
2 hours ago, nastra30 said:

https://www.uscis.gov/sites/default/files/document/memos/2018-08-09-PM-602-1060.1-Accrual-of-Unlawful-Presence-and-F-J-and-M-Nonimmigrants.pdf?utm_source=chatgpt.com

 

F, J, and M nonimmigrants do not begin accruing unlawful presence until the date after USCIS, an immigration judge, or the Board of Immigration Appeals (BIA) formally determines that the nonimmigrant has violated his or her status.

----

This means that F-1 students (as well as J and M visa holders) do not accrue unlawful presence merely due to a violation of status until a formal finding is made by one of the above authorities.

 

Based on this info, I don't think the State Department is one of the parties responsible to make this finding (I could be wrong). Your brother could be in luck. Let us know how it goes. I replied to a similar post with same info on VJ or some other place, and I recollect the fellow received the visa without any findings. Good luck.

 

Thanks for that info. This sounds promising. Wish us luck. Will let you know how it goes in 11 days

 

 

 
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