Interview in Jamaica?

[AshH 0]

My mother is a green card holder and filed for my younger sister who is a minor. She is here with us in the US and is enrolled in high school. We received the NVC welcome letter to pay AOS and other fees, but they have scheduled her to do her immigrant visa interview in Kingston, Jamaica rather than a US Consulate in the states.

 

How do we approach this? DO we send her back for the interview or try to get it scheduled here?

[Pinkrlion 2,724]

She can only interview in JA.  How long has ur sister been in the US?

[AshH 0]

Since 2017. Enrolled in high school. It was also on her application that she is living here. 

[AshH 0]

Couldn't leave her in JA as there would be no one for her to live with 

[geowrian 22,338]

29 minutes ago, AshH said:

they have scheduled her to do her immigrant visa interview in Kingston, Jamaica rather than a US Consulate in the states.

There are no US consulates or embassies within the US.

 

29 minutes ago, AshH said:

How do we approach this? DO we send her back for the interview or try to get it scheduled here?

If she has maintained legal status, she can appy for Adjustment of Status (AOS) within the US to obtain a green card. ETA: depends on local field office....could be anywhere from a few months to (more likely) a year to 18+ months.

Or she can continue with the consular processing path for the immigrant visa in Jamaica. ETA: a few months?

[Pinkrlion 2,724]

2 minutes ago, geowrian said:

There are no US consulates or embassies within the US.

 

If she has maintained legal status, she can appy for Adjustment of Status (AOS) within the US to obtain a green card. ETA: depends on local field office....could be anywhere from a few months to (more likely) a year to 18+ months.

Or she can continue with the consular processing path for the immigrant visa in Jamaica. ETA: a few months?

Parent is not a US Citizen, how can minor maintain legal status for two years?

[AshH 0]

Just now, Pinkrlion said:

Parent is not a US Citizen, how can minor maintain legal status for two years?

In all honesty, she has overstayed her visa. I have had friends file for spouses who have overstayed and their papers are processed here in the US. Why does she need to go back to Jamaica for her interview?

And also, can she interview alone? She will be 16 in November

[Pinkrlion 2,724]

3 minutes ago, AshH said:

In all honesty, she has overstayed her visa. I have had friends file for spouses who have overstayed and their papers are processed here in the US. Why does she need to go back to Jamaica for her interview?

Overstay for US Citizen spouses are forgiven when they AOS.  LPR does not get that privilege.

Edited September 18, 2019 by Pinkrlion

[geowrian 22,338]

8 minutes ago, Pinkrlion said:

Parent is not a US Citizen, how can minor maintain legal status for two years?

Student visa (although I believe that is limited to 1 year for high school)? It's possible.

Anyway, no need to wait 2 years. F2A permits filing AOS based on the Dates For Filing chart right now, which is immediately current this month. They only need to maintain status until AOS is properly filed, not until the PD is current.

 

6 minutes ago, AshH said:

In all honesty, she has overstayed her visa. I have had friends file for spouses who have overstayed and their papers are processed here in the US. Why does she need to go back to Jamaica for her interview?

And also, can she interview alone? She will be 16 in November

Because she is not the immediate relative of a US Citizen. Her overstay lack of status is not ignored for AOS purposes.

Edited September 18, 2019 by geowrian

[AshH 0]

Since LPR doesn't get the privilege, do you suggest I get a lawyer involved? Especially since there was no one to leave minor with in JA? My sister's father is not in her life and my mother has legal documents confirming he has given up his rights as a parent.

[AshH 0]

Is it possible she will be denied and deported despite the circumstances?

[Pinkrlion 2,724]

Your sister has to also complete her medical, get a police certificate, and a non-impediment certificate.  There is more to do than just go to the interview since she is 16.

[geowrian 22,338]

3 minutes ago, AshH said:

Since LPR doesn't get the privilege, do you suggest I get a lawyer involved? Especially since there was no one to leave minor with in JA? My sister's father is not in her life and my mother has legal documents confirming he has given up his rights as a parent.

Nothing a lawyer can do...she's simply not eligible for AOS due to her lack of maintaining status.

You are certainly welcome to have a consultation with one, but the above is the cold reality and anybody that promises otherwise is seeing green.

 

2 minutes ago, AshH said:

Is it possible she will be denied and deported despite the circumstances?

Possible? Yes. If she did file for AOS and was actually ineligible, even more likely yes as that puts her on the radar.

Edited September 18, 2019 by geowrian

[Pinkrlion 2,724]

There is nothing she can plead as to why she overstayed I am assuming a visitor's visa.  Any lawyer that tells u that she can interview in the US is only taking your money.

[AshH 0]

I guess the outcome is not going to be a good one then.....