F2A Approved. Now I must go back??

[David C 0]

Hello Everyone,

My mother is a Green Card holder, and she applied for me when i was 19. The case was approved, and after 4 years of waiting, visas are finally being granted to people who applied at that time.

I am 23 years old, unmarried. I entered the country legally with a tourist visa and overstayed it for 10 years (I'm still here). It is a F2A since she applied when i was 19 as far as I'm concerned.

Now the lawyer just told us that I must leave the country for 8-12 months or so in order to be pardoned for over staying. She said that I will be granted an interview about 3-4 months after i leave the country in COLOMBIA (my country of citizenship), and that nothing is guaranteed.

Is this accurate? There is no way I can immigrate here in the US? What are the chances of me coming back? The idea of living in a different country is so unappealing to me that I'm heavily considering just staying without a status... This country is all I know.

Anyways. I am worried because when i was 15 i got arrested for stealing an iPod. The damn thing was 1 dollar above the misdemeanor value so i was charged with a felony. I did probation, paid court fees, 100+ hrs community service, sealed the record, etc... Years later i went to college and graduated top 3% of my class.

Any suggestions, comments, information or anything is appreciated.

Thanks

Edited September 23, 2010 by David C

[Darnell 8,479]

ANY NVC Status?

VISAS are granted at Embassies - so if you want a VISA, there must be an interview at an Embassy.

Since you've overstayed, be prepared to file a waiver ON INTERVIEW DAY at the Embassy.

You might get better answers on this situation, over at http://www.immigrate2us.net as they focus on overstays, waivers, and immigration issues of that type.

Edited September 23, 2010 by Darnell

[aleful 1,905]

Hello Everyone,

My mother is a Green Card holder, and she applied for me when i was 19. The case was approved, and after 4 years of waiting, visas are finally being granted to people who applied at that time.

I am 23 years old, unmarried. I entered the country legally with a tourist visa and overstayed it for 10 years (I'm still here). It is a F2A since she applied when i was 19 as far as I'm concerned.

Now the lawyer just told us that I must leave the country for 8-12 months or so in order to be pardoned for over staying. She said that I will be granted an interview about 3-4 months after i leave the country in COLOMBIA (my country of citizenship), and that nothing is guaranteed.

Is this accurate? There is no way I can immigrate here in the US? What are the chances of me coming back? The idea of living in a different country is so unappealing to me that I'm heavily considering just staying without a status... This country is all I know.

Anyways. I am worried because when i was 15 i got arrested for stealing an iPod. The damn thing was 1 dollar above the misdemeanor value so i was charged with a felony. I did probation, paid court fees, 100+ hrs community service, sealed the record, etc... Years later i went to college and graduated top 3% of my class.

Any suggestions, comments, information or anything is appreciated.

Thanks

that's correct. children of LPR cannot adjust in country unless they are covered under the 245i law, meaning the petition was filed before April 30th, 2001. after that date you must go through consular processing if your not legally on a student visa or work visa.

you will need to file a waiver if you leave because you will trigger a 10 year ban, and your mom will have to send in a hardship letter. depending on the hardship letter is that they will forgive the 10 year ban.

[David C 0]

ANY NVC Status?

VISAS are granted at Embassies - so if you want a VISA, there must be an interview at an Embassy.

Since you've overstayed, be prepared to file a waiver ON INTERVIEW DAY at the Embassy.

You might get better answers on this situation, over at http://www.immigrate2us.net as they focus on overstays, waivers, and immigration issues of that type.

What is NVC status mean?

[Darnell 8,479]

'The case was approved' -

ok -

approved where? I must assume USCIS.

Usually, after USCIS approval, is some more paperwork to process at NVC.

I'm asking you if your mother has done any NVC processing, yet, on this casefile.

You'd probably know, IF she had you fill out or sign a DS-230 VISA Application.