F2A interview soon, waiver i601 to be filed soon. PLEASE help.

[Bryan Lopez 0]

Alright, so I came to United States on a tourist visa on December 2009 (15 years of age at the time). My mom, who got her green card through

my sister (American Citizen) on February 2011, filed a petition as a LPR for me that got approved in May 2011 (I was 17 by then).

My priority date got issued, and recently started to get emails from NVC to send the corresponding packages to finish my

case (AOS package and IV package). Once I found out I had to leave the country to get my visa is when I realized I would need a waiver

to come back. I turned 18 on January 2012 and didn't leave the country before the 180 days USCIS lets you stay before you're counted illegal

presence in this country. So as far as I understand I would be facing a 3 year bar from United States, and I still have not finished

to send all the required documents to NVC so I can get my visa interview date assigned. My questions are the following:

-Is there a small chance I can get approved to come back with no waiver just come back?

-What happens if I just wait out the 3 years, can I come back to United States without opening a new case? Meaning my same priority date and

same documents without paying the fees and what not again?

-Or what would happen if I take as long as my bar is to finish the process with NVC so when I get my interview date I would already have served

the 3 year bar? Like my case is not finished so what if I leave United States and don't reply NVC for 3 years (calling every year to make sure the info and fees

don't expire) and stay out for 3 years, when i go to the interview can i just get approved?

-After the 3 years I will get my F2A visa? or will I change category or have to open a new case?

(Im in United States right now, about to leave to my home country to try my luck, all my family is here my siblings, parents, uncle, aunt, so it would just be me

leaving back to my country)

Any answer and reply is greatly appreciated. GOD BLESS!

[AnotherLostSoul 167]

Alright, so I came to United States on a tourist visa on December 2009 (15 years of age at the time). My mom, who got her green card through

my sister (American Citizen) on February 2011, filed a petition as a LPR for me that got approved in May 2011 (I was 17 by then).

My priority date got issued, and recently started to get emails from NVC to send the corresponding packages to finish my

case (AOS package and IV package). Once I found out I had to leave the country to get my visa is when I realized I would need a waiver

to come back. I turned 18 on January 2012 and didn't leave the country before the 180 days USCIS lets you stay before you're counted illegal

presence in this country. So as far as I understand I would be facing a 3 year bar from United States, and I still have not finished

to send all the required documents to NVC so I can get my visa interview date assigned. My questions are the following:

-Is there a small chance I can get approved to come back with no waiver just come back?

-What happens if I just wait out the 3 years, can I come back to United States without opening a new case? Meaning my same priority date and

same documents without paying the fees and what not again?

-Or what would happen if I take as long as my bar is to finish the process with NVC so when I get my interview date I would already have served

the 3 year bar? Like my case is not finished so what if I leave United States and don't reply NVC for 3 years (calling every year to make sure the info and fees

don't expire) and stay out for 3 years, when i go to the interview can i just get approved?

-After the 3 years I will get my F2A visa? or will I change category or have to open a new case?

(Im in United States right now, about to leave to my home country to try my luck, all my family is here my siblings, parents, uncle, aunt, so it would just be me

leaving back to my country)

Any answer and reply is greatly appreciated. GOD BLESS!

I honestly have no idea of your case, so I cannot answer. Most people here are doing AOS based on marriage to a US citizen from non-immigrant visas (as F1, J1, H1B). So, don't get down if people won't be able to answer to you. Not to scare you...but it's likely. But I do wish you all the best for whatever you decide to pursue!

Take care!

[hmh33 117]

This isn't the best forum section - you might try another section on this site, or www.immigrate2us.net which has more of a focus on waiver cases.

[Penguin_ie 5,997]

**** Moving from AOS to Bringing Family of Greencard holders as this is the process the OP is persuing ****

- No chance to not have a waiver if you overstay more than 180 days after your 18th birthday it's a 3 year ban, or ten years if you overstay more than a year.

- Usually you need to act within 1 year of the priority date becoming current, and yours will be current in a few short months, so I don;t think that will work.

[aaron2020 11,651]

Alright, so I came to United States on a tourist visa on December 2009 (15 years of age at the time). My mom, who got her green card through

my sister (American Citizen) on February 2011, filed a petition as a LPR for me that got approved in May 2011 (I was 17 by then).

My priority date got issued, and recently started to get emails from NVC to send the corresponding packages to finish my

case (AOS package and IV package). Once I found out I had to leave the country to get my visa is when I realized I would need a waiver

to come back. I turned 18 on January 2012 and didn't leave the country before the 180 days USCIS lets you stay before you're counted illegal

presence in this country. So as far as I understand I would be facing a 3 year bar from United States, and I still have not finished

to send all the required documents to NVC so I can get my visa interview date assigned. My questions are the following:

-Is there a small chance I can get approved to come back with no waiver just come back? No. There is no chance. You would need to prove that you qualify by having left the US before turning 18.5 years old. You can't prove that, so there is no chance.

-What happens if I just wait out the 3 years, can I come back to United States without opening a new case? Meaning my same priority date and

same documents without paying the fees and what not again? The I-130 remains valid. However, everything else starts from ground zero. CSPA applies only if invoked within 1 year of your PD becoming current. You will not be able to do that with a ban, so you will likely age out into the F2b category. There it is an 8 years wait. You will need to send in a new DS-230 with new supporting documents since old documents may have expired or out of date. You will pay a new fee.

-Or what would happen if I take as long as my bar is to finish the process with NVC so when I get my interview date I would already have served

the 3 year bar? Like my case is not finished so what if I leave United States and don't reply NVC for 3 years (calling every year to make sure the info and fees

don't expire) and stay out for 3 years, when i go to the interview can i just get approved? Not likely. You will age out into the F2b category. CSPA will not apply.

-After the 3 years I will get my F2A visa? or will I change category or have to open a new case? You will likely change category.

(Im in United States right now, about to leave to my home country to try my luck, all my family is here my siblings, parents, uncle, aunt, so it would just be me

leaving back to my country) Sorry about your situation, but you can blame your situation on your family. There was a legal path for you to come and live in the US. Unfortunately, your family choose to break US immigration laws by having you skip the line.

For those of us choosing to do it the legal way, it is a slap in the face when people illegally jump the line.

There is great sympathy for separated families. We are all in the same boat. I am trying to provide you with helpful answers.

But, for some reason, your sentence here struck me the wrong way. I just don't have sympathy when families with legal paths to the US choose to break those laws and then talk about the separation caused by those illegal acts.

All of us had to endure separation from our families. Your family choose not to go through it. Well, now you have to if you want to be legal.

Any answer and reply is greatly appreciated. GOD BLESS!

Go consult with a really good immigration lawyer. Many lawyers, some who call themselves immigration experts, are unfamiliar with CSPA, having a bar, and filing for a waiver. This is highly specialize so choose your lawyer carefully. Don't leave the US before talking to a lawyer.

Edited November 14, 2012 by aaron2020

[Bryan Lopez 0]

So even if I wait the 3 years outside United States, my old petition (F2A) is going to expire anyway?

I'll be 21 and 11 months when my ban would be over. I thought I just had to wait out and then get my visa F2A, the

one I applied in the first place, instead of updating everything because of switching categories. By that time my mom

will become a USC so I'll probably be in the F1 category but still the wait is long. There would be no use in waiting the

3 years if by then I would have to wait another 5-8 years for a different category. Am I correct?

Thank you guys so much for all the feedback I really appreciate you taking the time to read my post (its kinda long),

may God bless every single one of you and help you out in each of your immigration journeys.