Already living in U.S.

[ccmi 0]

Hi , I already live in the U.S with TPS and I am from Haiti. My family did the consular processing for the green card. With the situation in Haiti and the fact I am already here, will I have to go back home for an interview?

[nastra30 2,287]

51 minutes ago, ccmi said:

Hi , I already live in the U.S with TPS and I am from Haiti. My family did the consular processing for the green card. With the situation in Haiti and the fact I am already here, will I have to go back home for an interview?

What's the visa category?

How did you enter the US before you gained TPS?

Edited November 14, 2022 by nastra30

[ccmi 0]

36 minutes ago, nastra30 said:

What's the visa category?

How did you enter the US before you gained TPS?

I came on a visa that expired so i got tps. I qualify for adjustment of status but that will be another additional year or so of waiting right? Because consular processing is faster. It's just not safe to go back home. 

[ccmi 0]

1 hour ago, nastra30 said:

What's the visa category?

How did you enter the US before you gained TPS?

F3 VISA 

[nastra30 2,287]

15 hours ago, ccmi said:

F3 VISA 

Are you a principal beneficiary or a derivative beneficiary?

[ccmi 0]

5 hours ago, nastra30 said:

Are you a principal beneficiary or a derivative beneficiary?

Derivative 

[Chancy 6,241]

*** Moved from DCF forum to Bringing Family of USC forum, where topics about F3 cases are discussed ***

 

[nastra30 2,287]

10 hours ago, ccmi said:

Derivative 

+Option 1 - Yes, you can file for adjustment of status within 6 months of the principal applicant receiving their immigrat visas as an 'accompanying' derivative. However, USCIS will never adjudicate the case until the principal applicant becomes a LPR. Again, you can only file for adjustment after the principal has already been issued their visa. Most people, usually don't go for option 1 because option 2 (below) is much simpler and straightforward because you become a LPR immediately after being admitted by CBP.

 

+Option 2 - Do consular processing together with family in Haiti to obtain your immigrat visa. Or do consular processing as a Follow-to-Join. And enter the US [together with/after] the principal applicant. And as soon as admitted, you become a LPR.

 

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In nutshell and wrt to your original question, if your family has already interviewed and obtained their visas then Yes you can file for adjustment of status. And it has to be within 6 months after principal applicant was issued a visa. 

 

Also, I'm not sure if you a derivative spouse or child but make sure you've not aged out if you're a child of principal.