Should I apply for a tourist visa? F2B Pending

[SusieQQQ 11,587]

4 minutes ago, queensl said:

i am not blaming anyone - immigration laws aren’t clear and they shouldn’t have sent me to get my pictures and biometrics done only to find out later what the issue was. i know it’s on me but still, should’ve been flagged right away. 
 

my dad had a TN before he got his green card and once he became LPR, he sponsored me right away in july 2015. i was still able to live in the US with my TD expiring in july 2016 (it was a 3 year long visa). it was dumb of me to assume i was “in between” status, but obviously lesson learned. i haven’t tried to go back as i want to do everything the right and honest way. but as years go by, you lose energy and batteries and also the will to live and keep going. it’s really tough, i really hope they figure it out soon as quebec has basically been open for a while now and  vaccination rates are high. 

Your TD status would have been dependent on his retaining TN regardless of when the visa expired, so it seems to me you may have been out of status even earlier than you think you were. @arken?

 

And we can argue back and forth but no, the lockbox does not check for status or similar issues and flag issues those before proceeding. You are expected to know when to file. You seem to have been badly advised on the process all along, including when you tried to file i485 before you were current. I’m sorry for all this happening to you but it really is not the fault of uscis.

Edited July 23, 2021 by SusieQQQ

[arken 4,197]

How did you dad get the GC, through employment or family based? If it was EB based, you could have applied for GC as well along with your dad.

 

Anyway, if you dad became the LPR on July 2015, your were no longer on TD status since then. That would mean you were out of status for almost 2 years. That would also mean you will be inadmissible for 10 years. I hope i am wrong but that's the truth i believe.

 

 

[SusieQQQ 11,587]

1 minute ago, arken said:

 

 

Anyway, if you dad became the LPR on July 2015, your were no longer on TD status since then. That would mean you were out of status for almost 2 years. That would also mean you will be inadmissible for 10 years. I hope i am wrong but that's the truth i believe.

 

 

That is what I was afraid of.

 

 

[arken 4,197]

31 minutes ago, SusieQQQ said:

That is what I was afraid of.

 

 

It seems we are scaring OP even further but it's good to face it early than late.

 

OP: Not to get another shock at the F2B interview about 2 yr overstay and resulting ban, can you confirm again if your dad got GC toward mid 2015?

 

[neeuq 12]

31 minutes ago, arken said:

It seems we are scaring OP even further but it's good to face it early than late.

 

OP: Not to get another shock at the F2B interview about 2 yr overstay and resulting ban, can you confirm again if your dad got GC toward mid 2015?

 

uff this is not helping my anxiety.

yes he got his gc in mid 2015. he was sponsored by  my sister when she became a citizen 

[aaron2020 11,651]

3 hours ago, queensl said:

uff this is not helping my anxiety.

yes he got his gc in mid 2015. he was sponsored by  my sister when she became a citizen 

Sorry, this is not going to help your anxiety, but you need correct information.

 

Your TD visa was dependent upon your father's TN visa.  Once he became a green card holder, your TD visa became invalid regardless of the expiration date.   You were out of status from July 2015 to July 2017 when you left the US.  Since you overstayed for more than 1 year, you have a 10 years ban.  The ban expires in 2027.  You will not be eligible for an immigrant visa until 2027 unless you qualify for a waiver.  

Immigration laws requires you to understand your visa situation.  Accidents and ignorance are not valid excuses for violating immigration laws.  

[HRQX 4,145]

4 hours ago, queensl said:

yes he got his gc in mid 2015.

Calculate the time between the day your father became LPR and when you filed Form I-485 in Oct. 2016.

 

If more than 1 year then at the first visa interview the CO will find you inadmissible. Then you will file Form I-601 with USCIS: https://www.uscis.gov/i-601-addresses

I am... Seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview.

 

Mail the Form I-601 to: USCIS Phoenix Lockbox

 

For U.S. Postal Service:

USCIS
P.O. Box 21600
Phoenix, AZ 85036

 

For FedEx, UPS, and DHL deliveries:

USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor, Circle S, Suite 100
Phoenix, AZ 85034

 

To request processing by a USCIS international office due to exceptional and compelling humanitarian reasons, please review the information about the exceptions to domestic filing is located on the USCIS website at www.uscis.gov/i601centralizationexceptions (PDF, 78.82 KB)

 

Your father is a Qualifying Relative. INA 212(a)(9)(B)(v): "The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause."

Edited July 24, 2021 by HRQX

[carmel34 3,655]

With your 10 year bar of inadmissibility until 2027, I suggest you find a new attorney in the US who is more experienced with I-601 waivers and gathering evidence in support of the extreme hardship standard to the US qualifying relative (your father).  Maybe your father can help with this as he will need to be part of the process, as the extreme hardship needs to be proved for him, not you.  (See link below for USCIS policy on extreme hardship.)  Start to prepare this evidence, working with an attorney now, so that when denied a visa at the interview in Montreal, whenever that happens (in the next year or two given the current backlog there for interviews), because of your 10 year bar, you will be ready to submit all the evidence and documentation with the I-601 as soon as possible after the visa interview.  It would also help for you to search the many I-601 threads here on Visa Journey, to become as knowledgeable as you can about what it takes to get a waiver approved for extreme hardship.  This is one of those cases where a good attorney would be worth the high cost.  Good luck!

 

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

Edited July 24, 2021 by carmel34

[retheem 568]

7 hours ago, aaron2020 said:

Sorry, this is not going to help your anxiety, but you need correct information.

 

Your TD visa was dependent upon your father's TN visa.  Once he became a green card holder, your TD visa became invalid regardless of the expiration date.   You were out of status from July 2015 to July 2017 when you left the US.  Since you overstayed for more than 1 year, you have a 10 years ban.  The ban expires in 2027.  You will not be eligible for an immigrant visa until 2027 unless you qualify for a waiver.  

Immigration laws requires you to understand your visa situation.  Accidents and ignorance are not valid excuses for violating immigration laws.  

That last statement is the truth which a lot of people here don't like hearing. Immigration laws requires knowledge of your situation.

[neeuq 12]

hi all, thank you for looking out and providing me as much information as possible. 

however, i do have documentation from uscis indicating that my legal status in the US expired july 2016. therefore, my overstay was less than a year. i have not been back in the US for 4 years, and probably more with this wait, so am well past the 3 year ban point. 
 

I know i am responsible for this mishap, but i am just saying  it was not intentional or on purpose at all. at such a young age, it is hard to know all the rules. but i have been honest and transparent with nvc/uscis/consulate and wanting to do everything with integrity before i immigrate back. 

Edited July 24, 2021 by neeuq

[arken 4,197]

2 hours ago, neeuq said:

however, i do have documentation from uscis indicating that my legal status in the US expired july 2016.

You were provided TD status valid till July 2016, that status was dependent on your father's TN status. Your father's TN status expired the day he became an LPR as reflected on his GC . That's the day you lost your TD status. 
 

It is confusing, your parents should have been aware of such things at the time but they didn't.
 

 

 

 

Edited July 24, 2021 by arken

[Ahmed shaheen 2]

23 hours ago, neeuq said:

PD: July 2, 2015
DQ: Feb 11, 2021
Consulate: Montreal

I am currently awaiting an interview at the Montreal consulate for an F2B Visa.

I have lived in the U.S. for 20 years of my life, but voluntarily left when I accidentally overstayed my TD visa while in the process of F2A visa. They had accepted all my documents and then told me much later that I don't qualify because of this misunderstanding. They never issued a ban, and I voluntarily left to Canada 4 years ago and transferred my case to consular processing. My entire immediate family is there and most of them are citizens. I have no one here with me in Canada - I have been alone for the last several years.

Now with the backlog, I am getting quite stressed with this family separation. I haven't been able to go see my family, friends, and community in 4 years. I never attempted to visit as I did not want to risk this case, and I want to do everything honestly and legally. But now,  my health is really bad and I need to see my family.

I am considering applying for a B2 tourist visa so I can at least go visit and come back. I have a job, apartment, everything here in Canada as proof that I will return. The thing is the next tourist visa interview isn't until next year (all across consulates in Canada), and I want to know if it's worth paying for. Will my F2B happen before then? Or should I try for the visitor visa because F2B might not happen for maybe 2 years? Not sure what to do 😕 

 

hi sir  i don't have similar status  i am DQ   and i apply for b2/b1 visa and i got approved visa 

[SusieQQQ 11,587]

2 hours ago, neeuq said:

hi all, thank you for looking out and providing me as much information as possible. 

however, i do have documentation from uscis indicating that my legal status in the US expired july 2016. therefore, my overstay was less than a year. i have not been back in the US for 4 years, and probably more with this wait, so am well past the 3 year ban point. 
 

I know i am responsible for this mishap, but i am just saying  it was not intentional or on purpose at all. at such a young age, it is hard to know all the rules. but i have been honest and transparent with nvc/uscis/consulate and wanting to do everything with integrity before i immigrate back. 

If the CO checks the facts of your case they will certainly decide that USCIS made an error in determining you were legal until then. It’s possible that uscis just didn’t delve too deeply because for AOS it makes no difference if you were one day or ten years out of status - it has the same end result of not being able to adjust. Is it possible that a CO takes at face value what you say uscis says? Maybe, but if I were you I would follow the advice you got from HRQX so you can hit the ground running if you do get informed of a ten year ban and not spend another x months at that point trying to figure it all out. If I were you I would inform your father of this so he can contact /retain an attorney and start the ball rolling.

 

We understand you were young, and in fact uscis makes allowance for age in not penalizing any overstay etc that happens for someone under 18. However your parent - upon whose status you were relying as derivative - should have been much more aware of the factors and implications, and I say that as a parent who made sure I understood immigration processes and how they affected my children.

[neeuq 12]

i understand, i will start preparing that work. my family has been through a lot and my parents are old and aging, it really hasn’t been easy. and i’d really like to reunite with them before i miss out on life with them. 

[Boiler 46,057]

Presumably they can not be that old unless I missed something in the timeline.

 

You can not file the I 601 until the Consulate has determined that there is a need for on so not quite sure what was going on with that in your timeline.

 

So not a lot to be done until you have your interview, from what you have posted certainly look like 10 year ban.