Reschedule Consulate interview

[Maria97! 0]

 

Hello! I have a question, I’m under DACA ever since I’ve been 17yrs old. I’ve been married to my husband who is a US citizen, we file the I-130 in 2018 and got approved and I just received my date for my interview in Juarez. However we didn’t know we had to file for the I-601a. We went to ask a lawyer and said we do have to. And I would have to call NVC and reschedule my interview. Does anyone know if that’s how it would actually work? Or any tips? 
 

Thank you. 

 

[Crazy Cat 41,845]

***Moved to the Waivers forum where this issue has likely been addressed before******

Edited June 12, 2021 by Lucky Cat

[HRQX 4,145]

10 hours ago, Maria97! said:

We went to ask a lawyer and said we do have to. And I would have to call NVC and reschedule my interview. Does anyone know if that’s how it would actually work? Or any tips?

Ignore the lawyer and print out the following page from DOS Foreign Affairs Manual: https://fam.state.gov/FAM/09FAM/09FAM030211.html

DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

(1)  (U) For aliens inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either:

(a)  (U) the expiration of the Form I-94 (or any extension); or

(b)  (U) a formal finding of a status violation made by DHS, an IJ, or the BIA in the context of an application for any immigration benefit or in removal proceedings, whichever comes first.

(2)  (U) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made;

(3)  (U) For aliens granted "voluntary departure" (VD), pursuant to INA 240B, the period of time between the granting of VD and the date of their departure, if the alien departs according to the terms of the grant of VD;

(4)  (U) For aliens who have applied for extension of stay or change of nonimmigrant classification and who have remained in the United States after expiration of the From I-94 while awaiting DHS's decision, the entire period of the pendency of the application, provided that:

(a) (U) the alien does not work unlawfully while the application is pending and did not work unlawfully prior to filing the application; and

(b)  (U) the alien did not otherwise fail to maintain his or her status prior to the filing of the application (unless the application is approved at the discretion of USCIS and the failure to maintain status is solely a result of the expiration of the Form I-94), and further provided either:

(i)     (U) that the application was subsequently approved; or

(ii)    (U) if the application was denied or the alien departed while the application was still pending, that the application was timely filed and nonfrivolous.

(5) (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);  

(6)  (U) For aliens covered by Temporary Protected Status (TPS), the period after TPS went into effect and prior to its expiration; and

(7)  (U) For aliens granted deferred action, the period during which deferred action is authorized.

[Ontarkie 14,221]

~~Duplicate post in another members thread removed. PLease only post your question once.~~