F2A Visa question

[jesusmbp 0]

Hello! I'm new to this forum though I've been lurking around for a while, and I had a few questions that have been bothering me, so this is my situation.

My parents are permanent residents, and they are trying to bring me in with an F2A visa. My interview is supposed to be in February, but the thing is, my dad is telling me that f2a works only if you have a status(a student visa, a tourist visa, something), and I've been studying in this country since I was 12(I'm 19 now, in college), but without any status. I have my country's passport and documentation but that's it. Do you think there will be an issue?

Thank you!

Edited January 24, 2018 by jesusmbp

[Tenreyro 174]

Hi, I think you have to clarify something before answering. You say "they are trying to bring me in" so you are outside US, right? 

Because, almost at the end you also say "I've been studying in this country since I was 12" 

 

That is very ambiguous and open to interpretation whether you are inside the US or not. And please fill the information on your profile and Timeline, so we can have a little background on your Country, Priority Date, etc.

 

When you say your interview is supposed to be in February, do you have a interview date already?

Edited January 24, 2018 by Tenreyro

[jesusmbp 0]

I'm sorry, I'll admit that I didn't word that correctly. I'm not outside of the US and I haven't been outside of the US since I was 12, I overstayed my tourist visa, I didn't really have a choice since I was 12.

My priority date for my interview is February 8 2016, which will be up to date starting next month. 

[Tenreyro 174]

9 minutes ago, jesusmbp said:

I'm sorry, I'll admit that I didn't word that correctly. I'm not outside of the US and I haven't been outside of the US since I was 12, I overstayed my tourist visa, I didn't really have a choice since I was 12.

My priority date for my interview is February 8 2016, which will be up to date starting next month. 

I would suggest for you to get a lawyer to know your options, unless your parents become U.S. Citizens, you don't qualify for Adjustment of Status as a Immediate Relative that overstayed, and I don't know all the options and possibilities you have, so you would be better if you get some legal help on the matter. I'm sorry.

[geowrian 22,337]

21 minutes ago, jesusmbp said:

I'm sorry, I'll admit that I didn't word that correctly. I'm not outside of the US and I haven't been outside of the US since I was 12, I overstayed my tourist visa, I didn't really have a choice since I was 12.

My priority date for my interview is February 8 2016, which will be up to date starting next month. 

You cannot AOS if you are not in status*. You would need to complete consular processing abroad.

*Exceptions apply for IRs of a USC and a couple other unique circumstances, but not for LPR petitioners.

 

The issue is you will incur a 10 year bar once you leave the US. You don't accrue unlawful presence until you turn 18, but since you're 19 now, you have 1+ year of unlawful presence and will trigger the 10 year bar.

Edited January 24, 2018 by geowrian

[jesusmbp 0]

Well, my parents become citizens next year in September, should I stay here and wait for that? Will it work even if I overstayed my status and I'll be 21 by then? 

Thanks for the help. 

Edited January 24, 2018 by jesusmbp

[Tenreyro 174]

6 minutes ago, geowrian said:

You cannot AOS if you are not in status*. You would need to complete consular processing abroad.

*Exceptions apply for IRs of a USC and a couple other unique circumstances, but not for LPR petitioners.

 

The issue is you will incur a 10 year bar once you leave the US. You don't accrue unlawful presence until you turn 18, but since you're 19 now, you have 1+ year of unlawful presence and will trigger the 10 year bar.

What about the "following to join benefits" with form I-824 ?

[chuonglinh 5]

I'm still confused how you are in college without a valid status? I know some people here with a tourist visa but convert to F1 so they can stay here. How could the school issue you any paper work if your status is not valid? I would recommend you to find an immigration lawyer and ask them to help on your case.

[geowrian 22,337]

8 minutes ago, jesusmbp said:

Well, my parents become citizens next year in September, should I stay here and wait for that? Will it work even if I overstayed my status and I'll be 21 by then?

I won't (and can't under the VJ TOS) condone staying in the US illegally for any reason. But if your parents become USCs and you are under 21 (or CSPA-adjusted age is still under 21), then the overstay will be ignored for AOS purposes.

If they naturalize and you are 21 or older, then the overstay won't be ignored. The overstay is ignored for a child (under 21) of a USC, but not an adult (21+).

 

3 minutes ago, Tenreyro said:

What about the "following to join benefits" with form I-824 ?

I'm not sure where an I-824 comes into play here, sorry? The issue is being out of status, which is a bar to AOS. And it would incur the 10 year bar upon leaving the US (although there is an I-601 waiver/I-601A provisional waiver, which I think is available to LPR petitioners, not just USCs?).

[jesusmbp 0]

5 hours ago, chuonglinh said:

I'm still confused how you are in college without a valid status? I know some people here with a tourist visa but convert to F1 so they can stay here. How could the school issue you any paper work if your status is not valid? I would recommend you to find an immigration lawyer and ask them to help on your case.

A lot of people actually study without a valid status, especially around where I live. I'm Venezuelan and due to the way that the country is right now, many of us are forced to flee to nearby countries in search of a better life, even if it means one without a visa and no way to work/drive or do anything. 

5 hours ago, geowrian said:

I won't (and can't under the VJ TOS) condone staying in the US illegally for any reason. But if your parents become USCs and you are under 21 (or CSPA-adjusted age is still under 21), then the overstay will be ignored for AOS purposes.

If they naturalize and you are 21 or older, then the overstay won't be ignored. The overstay is ignored for a child (under 21) of a USC, but not an adult (21+).

 

I'm not sure where an I-824 comes into play here, sorry? The issue is being out of status, which is a bar to AOS. And it would incur the 10 year bar upon leaving the US (although there is an I-601 waiver/I-601A provisional waiver, which I think is available to LPR petitioners, not just USCs?).

It seems then that no matter what happens, I'm gonna have a 10 year ban for being a kid and not knowing what I'm doing. This is great. I'm going to check out the provisional waiver though, thank you. 

Edited January 25, 2018 by jesusmbp