Interview location for DACA applicant

[bammbamm 2]

Hi,

 

I am a 30 year old applicant who overstayed in the US, currently living in the US under DACA.  My mother became a US resident (recently became a US citizen) and petitioned me to become a resident.  At this point, the National Visa Center website indicated that they have received my approved visa petition from USCIS and I need to pay the fees to complete the applications.  My question is about the interview.  It states on the website that the Interview location is in Lima, Peru.  Since I'm already in the US, are they going to require me to go back to Peru to do the interview, or can I do the interview here in the US?  I don't have a place to stay in Peru so I'm not sure what to do if that is the case.  Thank you.

[Boiler 45,576]

Peru would be I would imagine the logical location assuming you do not have any other citizenship.

 

Do you have any issues requiring a waiver.

[Family 4,014]

Prepare the I-485 packet ( I-765 , I-864 , I-131) , include a copy of the I-130 approval and NVC case notice along with moms New Natz Certificate and FILE TODAY.

 

You are adjusting as an IR and entered w Visa so no issues filing and adjusting in US. 
 

Are you DIY ing the process ?

[bammbamm 2]

1 hour ago, Boiler said:

Peru would be I would imagine the logical location assuming you do not have any other citizenship.

 

Do you have any issues requiring a waiver.

Hi. I haven't tried getting a waiver. I'm here under DACA though. That was approved.

[bammbamm 2]

7 minutes ago, Family said:

Prepare the I-485 packet ( I-765 , I-864 , I-131) , include a copy of the I-130 approval and NVC case notice along with moms New Natz Certificate and FILE TODAY.

 

You are adjusting as an IR and entered w Visa so no issues filing and adjusting in US. 
 

Are you DIY ing the process ?

Yes i am DIY. The NVC said i have to pay the fee then complete the affidavit of support and the visa application.  Wouldn't preparing the 485 be redundant with this? 

 

I thought that i would just be dealing with the USCIS but I'm not sure why i got transferred to the NVC 

[Family 4,014]

Prepare the I-485 packet ( I-765 , I-864 , I-131) , include a copy of the I-130 approval and NVC case notice along with moms New Natz Certificate and FILE TODAY.

 

You are adjusting as an IR and entered w Visa so no issues filing and adjusting in US. 
 

Are you DIY ing the process ?

 

You do NOT need a waiver , ULP is forgiven for IR s

[Family 4,014]

You need to file I-485 , and NOT take any actions indicated by NVC .

 

Sorry but I think you may have a bit of confusion as to why Case sent to NVC but it no longer applies to you BECAUSE mom Natz

 

Edited July 25, 2022 by Family

[Family 4,014]

Following through w anything on NVC means You are choosing to follow Consular Process ( go outside) but you have the chance to CHOOSE to adj in the US as a result of moms new USC status upgrade 

[Timona 4,207]

6 minutes ago, Family said:

You need to file I-485 , and NOT take any actions indicated by NVC .

 

Sorry but I think you may have a bit of confusion as to why Case sent to NVC but it no longer applies to you BECAUSE mom Natz

 

 

I thought DACA recipients can't AOS? That's why OP has to go back to Lima 

[bammbamm 2]

5 minutes ago, Family said:

You need to file I-485 , and NOT take any actions indicated by NVC .

 

Sorry but I think you may have a bit of confusion as to why Case sent to NVC but it no longer applies to you BECAUSE mom Natz

 

Really?  I don't have to do what the NVC says?  

[arken 4,197]

OP is not an immediate family member of his petitioning mom for immigration purpose so can't do AOS even if entered after inspected if unlawfully present at any time up to AOS filing.

 

NVC is the way to go. If unlawful presence is the only violation, then file i601a first while in the US and take the approval to the interview at a consulate.

Edited July 25, 2022 by arken

[Dashinka 24,526]

12 minutes ago, arken said:

OP is not an immediate family member of his petitioning mom for immigration purpose so can't do AOS even if entered after inspected if unlawfully present at any time up to AOS filing.

 

NVC is the way to go. If unlawful presence is the only violation, then file i601a first while in the US and take the approval to the interview at a consulate.

I believe you can adjust status as a family preference visa if a visa is available.

 

If you are currently in the United States, you must meet the following requirements to be eligible for a Green Card as a family preference immigrant:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were inspected and admitted or inspected and paroled into the United States;
• You are physically present in the United States at the time you file your Form I-485
• You are eligible to receive an immigrant visa;
• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
• The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;
• None of the applicable bars to adjustment of status apply to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of our discretion (this means the positive factors in your case outweigh the negative factors).

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrantshttps://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants

Edited July 25, 2022 by Dashinka

[Family 4,014]

7 minutes ago, arken said:

OP is not an immediate family member of his petitioning mom for immigration purpose so can't do AOS if unlawfully present at any time up to AOS filing.

 

NVC is the way to go but need to be careful, there may or may not be an applicable waiver.

I guess am blinder than a bat and once again stand corrected . I read the 30 year as a “ 20 year old “ so ignore my original post . 
 

OP , do as NVC instructs, u will be going outside. 
If you got DACA when you turned 18 years old then you do not ULP and won’t need a waiver. 
If you got DACA after having accrued ULP after 18 you need it. I-601 A 
 

[Boiler 45,576]

39 minutes ago, bammbamm said:

Hi. I haven't tried getting a waiver. I'm here under DACA though. That was approved.

DACA is not a status, and you have certainly not disclosed enough information to make any sensible comments on issues you may have.

 

Now there is no need to here, many do not want to, you should of course check to see if you have any issues to avoid any nasty surprises but your call.

[bammbamm 2]

3 minutes ago, Boiler said:

DACA is not a status, and you have certainly not disclosed enough information to make any sensible comments on issues you may have.

 

Now there is no need to here, many do not want to, you should of course check to see if you have any issues to avoid any nasty surprises but your call.

 

Please let me know any information you may need.  I can do the best I can to give them to you.