Overstaying tourist visa and doing consular processing with F2A

[dwheels76 5,468]

But isn't a waiver about the petitioner showing hardship and all that. How will a parent do that. Or is this different? Just needing to be educated.

[alefonck 16]

But isn't a waiver about the petitioner showing hardship and all that. How will a parent do that. Or is this different? Just needing to be educated.

Well, according to the law a parent can do that. I'm guessing the reasons can be about separation anxiety leading to clinically diagnosed depression, what hardships moving to another country would bring. Having to send money abroad would be a financial hardship. I don't know, there are many possibilities. Health issues. The problem is that in my case I am 20 and could technically just move and live by myself without my parents so if anyone has any suggestions on how I could prove hardship, that would be great!

[Umka36 781]

Well, according to the law a parent can do that. I'm guessing the reasons can be about separation anxiety leading to clinically diagnosed depression, what hardships moving to another country would bring. Having to send money abroad would be a financial hardship. I don't know, there are many possibilities. Health issues. The problem is that in my case I am 20 and could technically just move and live by myself without my parents so if anyone has any suggestions on how I could prove hardship, that would be great!

This is where having a lawyer will help, and worth the investment to get it right.

[newacct 688]

For example, there could be hardship to parents if the parents are elderly and needs the child to help take care of them.

[Boiler 45,499]

It is your Parents hardships not yours, you might want to start by asking them.

Begs the question what the plan was when you came here and decided to overstay? Seems a bit late to be asking questions.

[alefonck 16]

It is your Parents hardships not yours, you might want to start by asking them.

Begs the question what the plan was when you came here and decided to overstay? Seems a bit late to be asking questions.

Unfortunately, it wasn't my decision to overstay, but my parents. I was underage and they were wrongly advised to come before filing because they could adjust status while in the US since they were both being petitioned by a US citizen. What they failed to realize is that this was not the case for me. I did my visa petition and recently found out I would have a 10 year ban and would have to apply for a waiver.

Bad move on our part, but it is what it is and now I can only work with what I got.

Staying here illegally is not really an option for me since I want to go to college, but staying in my home country all alone really isn't optimal either. I guess all I can do now is go to a lawyer and prepare a solid waiver with my current conditions.

[sbai2000 31]

Alefonck - your story is an unfortunate one indeed.

I am glad you have taken the advise given to you and will be going to an attorney. The attorney will guide you through and help you put together your case. There is a difference between understanding processing procedures and understanding the law. Hopefully, you will get a good attorney who will offer you both,

Stay positive and stay encouraged. Something tells me that you will go far.

I wish you all the best.

[alefonck 16]

Alefonck - your story is an unfortunate one indeed.

I am glad you have taken the advise given to you and will be going to an attorney. The attorney will guide you through and help you put together your case. There is a difference between understanding processing procedures and understanding the law. Hopefully, you will get a good attorney who will offer you both,

Stay positive and stay encouraged. Something tells me that you will go far.

I wish you all the best.

it is hard to stay positive throughout this ordeal, but I appreciate the kind words.

Good luck on the rest of your visa journey as well.

[mischa24 1]

you have the same situation with my brother in law. he stayed in the us until his PD is already current under F2B. unfortunately for him, the lawyer said that since he overstayed his petition is already voided and he cannot adjust his status anymore. Its really advisable to get a lawyer's advise since this is really a hard situation..

[belinda63 3,038]

Understand the hardship has to be on your parents. The US doesn't give a hoot about your hardship since you chose, or in this case chose to remain after you turned 18, in this country illegally.

[Boiler 45,499]

you have the same situation with my brother in law. he stayed in the us until his PD is already current under F2B. unfortunately for him, the lawyer said that since he overstayed his petition is already voided and he cannot adjust his status anymore. Its really advisable to get a lawyer's advise since this is really a hard situation..

Petition is still valid, adjustment is not possible.

[mischa24 1]

Petition is still valid, adjustment is not possible.

Does it means my brother in law can still continue with his F2B case but needs to go back to his home country and cannot do adjustment of status? do you have any links as to where I can find more information about it? Thanks,

[belinda63 3,038]

Does it means my brother in law can still continue with his F2B case but needs to go back to his home country and cannot do adjustment of status? do you have any links as to where I can find more information about it? Thanks,

Correct, he cannot adjust with the parents being LPRs. He has to do consular processing since he overstayed. If he had been in status when his priority date became current he would have been able to adjust.

[aaron2020 11,651]

Does it means my brother in law can still continue with his F2B case but needs to go back to his home country and cannot do adjustment of status? do you have any links as to where I can find more information about it? Thanks,

Your BIL as a visa overstay can not adjust status in the F2b category.

Once he leaves the U.S., he will receive a 10 years ban if he overstayed more than a year.

The visa will be denied because of his ban.

He will have to serve his 10 years ban unless his LPR parents can show a hardship to one of them that qualifies for a waiver.

[alefonck 16]

Additional question: Do you guys know if by the time my waiver is still pending approval and I turn 21, what would happen? Would my petition be voided or since it will be current does the age freeze?