markordj

On 8/14/2025 at 7:41 AM, TBoneTX said:

Thanks for returning with the happy update.  Let us know how U.S. entry goes.

He came in the country without a hitch 😁

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.

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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

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?

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. 

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

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

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

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

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

1 hour ago, markordj said:

I see. So his student status will expire on 8/9. 

 

 

Will going out of status be an issue while waiting for interview date?

20 minutes ago, Boiler said:

Visa has to be current when you enter, status then is what matters.

I see. So his student status will expire on 8/9. 

12 minutes ago, Boiler said:

You said when his visa expired not his status.

If his visa is expired, he will be out of Status. Am i understanding that correctly?

So he is currently in the US with a student visa. He just graduated and his student visa will expire on August 9th. The letter that he received from NVC said don't make any travel plans until interview schedule is confirmed. Based on his Priority Date (sept '16), it will be roughly another year until he's processed (currently processing sept '15). Any thoughts on him being out of Status while waiting for interview date?

1 hour ago, appleblossom said:

You said he’s 34? So he’s F2B, not F2A. 

1 hour ago, appleblossom said:

You said he’s 34? So he’s F2B, not F2A. 

I see, F2B that's correct

2 hours ago, appleblossom said:

OK, so there's no 'next step' yet, as there's no visa available for him anyway, his PD isn't current. He just needs to sit tight and wait but it'll be at least another year as a rough guess. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html

 

And from what you've said he's applied via consular processing, so should expect to be interviewed at his home country consulate when it is current. 

Hasnt his PD already passed for F2A?

57 minutes ago, Boiler said:

They are connected 

So can't dual path it?

28 minutes ago, Boiler said:

Could file to adjust now

Does doing this affect his current application in any way or they're completely separate?

4 hours ago, Crazy Cat said:

It's the way I would proceed if his priority date is current.  

His Priority Date is 09/27/16

2 hours ago, Boiler said:

If he is eligible to adjust and wants to adjust rather than doing consulate processing then it is up to him to file the paperwork 

Looks like that's i485. Will filing this be like a brand new application or a continuation of the same application? Would using i485 delay him a lot in getting the pr instead of just interview in Indonesia?

5 minutes ago, Cathi said:

It's not their job to tell him to adjust or not.

I see your point but he also told them that he's interested to process the next steps here if possible instead of interview in Indonesia. I thought they would recommend a next step instead of keeping him waiting

53 minutes ago, Boiler said:

That does not mean his Priority Date is current and has he even applied to adjust?

he has not apply to adjust because he didn't get that specific instruction. Is that the way to go?

I'm checking with him what his Priority Date is. 

2 hours ago, appleblossom said:

 

How old is he and what is his Priority Date? 

34. I'm not sure about his priority date, I'll check. But he was already notified that he is being scheduled for an interview in Indonesia. 

3 hours ago, Crazy Cat said:

Visa interviews are never done in the US.  

Is visa interview outside the US the only way to proceed? We're just not getting solid answers from nvc

My mom is a PR. She sponsors my brother for a PR. My brother is an Indonesian citizen who is in the US on a student visa. He received a message that they will be scheduling his interview in Indonesia. My brother requested that the interview will be done in the US. Now seems like the process is stalled. Everytime he asked about it, they replied to "not follow the instruction sent before since they were for immigrant visa processing", but he doesn't receive any instructions on his next steps. It has been about 6 months. Any ideas?