Interview in Jamaica?

[SusieQQQ 11,587]

25 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

She can’t adjust, period, she needs to go back and do her interview in Jamaica. You need to be in a legal status to adjust status. Spouse of usc is an entirely different issue; they get forgiven. LPR beneficiaries don’t. Your only saving grace is that her age means she won’t face a ban. 

Edited September 18, 2019 by SusieQQQ

[Pinkrlion 2,724]

15 minutes ago, AshH said:

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

Because she is 16, she has not accrued unlawful presence, so that is in your favor.  She will have to return to JA to do all the things that I mentioned above, interview, and then wait for her visa to be issued.

[AshH 0]

Thank you! Well fingers crossed then. I will let you all know the outcome

[AshH 0]

55 minutes ago, SusieQQQ said:

She can’t adjust, period, she needs to go back and do her interview in Jamaica. You need to be in a legal status to adjust status. Spouse of usc is an entirely different issue; they get forgiven. LPR beneficiaries don’t. Your only saving grace is that her age means she won’t face a ban. 

Thank you

[AshH 0]

So there is a chance she may be approved for her green card then? Though it may be slight?

[nastra30 2,359]

There are no US embassies or consulates inside the US. Sister will have to go to JA to interview. Goodluck.

[SusieQQQ 11,587]

5 hours ago, AshH said:

So there is a chance she may be approved for her green card then? Though it may be slight?

If she interviews in Jamaica I believe she would be approved. 

[Illiria 980]

So have you been paying for her high school? 

[AshH 0]

2 minutes ago, Illiria said:

So have you been paying for her high school? 

No. It’s a public High school. 

[Illiria 980]

7 minutes ago, AshH said:

No. It’s a public High school. 

Public high school isn’t free for foreign non resident nationals, the school can’t turn her away but you should have been paying for her. 

 

Click in the tab students must pay the cost of secondary school education in link below the details are in f1 student visa but the principal applies

 

https://travel.state.gov/content/travel/en/us-visas/study/student-visa/foreign-students-in-public-schools.html

Edited September 18, 2019 by Illiria
Clarity

[AshH 0]

17 minutes ago, Illiria said:

Public high school isn’t free for foreign non resident nationals, the school can’t turn her away but you should have been paying for her. 

 

Click in the tab students must pay the cost of secondary school education in link below the details are in f1 student visa but the principal applies

 

https://travel.state.gov/content/travel/en/us-visas/study/student-visa/foreign-students-in-public-schools.html

Oh wow. This isn’t something we were ever made aware of ....... 

[SusieQQQ 11,587]

35 minutes ago, AshH said:

Oh wow. This isn’t something we were ever made aware of ....... 

That would be because you didn’t try getting her an appropriate visa.

 

yes, this was a good point that was raised. 

[HRQX 4,145]

37 minutes ago, AshH said:

Oh wow. This isn’t something we were ever made aware of ....... 

Not an issue for her interview in Jamaica. See INA 101(a)(15)(F) and INA 214(m).

[geowrian 22,338]

2 hours ago, HRQX said:

Not an issue for her interview in Jamaica. See INA 101(a)(15)(F) and INA 214(m).

Not directly an issue for the visa, 100% agree. The violation of status won't impact her ability to obtain a visa.

Failure to properly pay for the schooling may or may not impact the petitioner's suitability as an I-864 sponsor. While it's not a means-tested benefit (there is no means test here), the CO can consider what they may owe as it relates to their income/assets.

Edited September 19, 2019 by geowrian

[HRQX 4,145]

36 minutes ago, geowrian said:

Failure to properly pay for the schooling may or may not impact the petitioner's suitability as an I-864 sponsor. While it's not a means-tested benefit (there is no means test here), the CO can consider what they may owe as it relates to their income/assets.

CO's evaluation of the totality of the circumstances for the I-864 is always done. When in doubt, it's recommended to have a suitable joint sponsor lined up.