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peacefulSurfer

Waiting for a Visa Interview Appointment while staying in the US

By peacefulSurfer in Bringing Family Members of Permanent Residents to America

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peacefulSurfer Rookie

peacefulSurfer   3

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Im trying to help my sibling get his PR with the I-130 form with his mom as the sponsor, who is already a PR holder.
He is now in the US using a Student Visa and his study permit (I-20) is expiring. He has been waiting for 11 months for the NVC to schedule a visa interview appointment with the foreign US Consular Office. My question is, will going out of status in the US cause any issues while waiting for his Visa Interview Appointment to be scheduled by the NVC?

Crazy Cat Grand Master

Crazy Cat   41,985

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13 minutes ago, peacefulSurfer said:

My question is, will going out of status in the US cause any issues while waiting for his Visa Interview Appointment to be scheduled by the NVC?

How long will he be out of status?  That will be the important question.  If he is actually out of status for more than 6 months, he will incur a 3 year ban upon departure from the US.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   45,770

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How old is he

 

When did his Mother file

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

peacefulSurfer Rookie

peacefulSurfer   3

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1 hour ago, Crazy Cat said:

How long will he be out of status?  That will be the important question.  If he is actually out of status for more than 6 months, he will incur a 3 year ban upon departure from the US.

@Crazy CatWe don't know how long he will be out of status. He will be out of status until the NVC is ready to schedule his Visa interview appointment with the foreign consular office in his home country. Every time he explained his status condition, which included that he is currently living in the United States, to the NVC staff, the NVC always mentioned to not make any travel plans until an interview appointment schedule is opened up with the foreign consular office. So, this means he will and should wait in the US until the NVC is ready to offer him the appointment slot, right?

Boiler Grand Master

Boiler   45,770

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1 minute ago, peacefulSurfer said:

@Boiler  He is 33.

 

His mother filed in September 2016.

He is maybe a few years away, so if he wants to stay meanwhile then he needs to keep in student status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

SalishSea Grand Master

SalishSea   17,981

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1 hour ago, peacefulSurfer said:

Im trying to help my sibling get his PR with the I-130 form with his mom as the sponsor, who is already a PR holder.
He is now in the US using a Student Visa and his study permit (I-20) is expiring. He has been waiting for 11 months for the NVC to schedule a visa interview appointment with the foreign US Consular Office. My question is, will going out of status in the US cause any issues while waiting for his Visa Interview Appointment to be scheduled by the NVC?

Do you mean that he will go home to interview abroad?

Boiler Grand Master

Boiler   45,770

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We do not know the Country, for most assuming he is in status he could file to adjust now.

 

Usually a more logical approach.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

peacefulSurfer Rookie

peacefulSurfer   3

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37 minutes ago, Boiler said:

He is maybe a few years away, so if he wants to stay meanwhile then he needs to keep in student status.

@Boiler What is a few years range in your estimate? I honestly dont have ideas on what the average wait time is for scheduling an interview. As far as staying while keeping his student status, how about the part where NVC mentioned to not make any travel arrangements?

peacefulSurfer Rookie

peacefulSurfer   3

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25 minutes ago, Boiler said:

We do not know the Country, for most assuming he is in status he could file to adjust now.

 

Usually a more logical approach.

Indonesia is his home country where he will do the interview. Is filing to adjust gonna affect his current application in any way or are they separate?

Edited by peacefulSurfer
Boiler Grand Master

Boiler   45,770

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Just now, peacefulSurfer said:

Indonesia is his home country where he will do the interview. Is filing to adjust gonna affect his current app in any way or are they separate?

If he files to adjust he does not need an appointment in his home country.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JD2 Enthusiast

JD2   84

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6 hours ago, peacefulSurfer said:

@Boiler What is a few years range in your estimate? I honestly dont have ideas on what the average wait time is for scheduling an interview. As far as staying while keeping his student status, how about the part where NVC mentioned to not make any travel arrangements?

I think they mean don't make travel plans to go to the USA.  They may not understand he's physically in the USA.

Crazy Cat Grand Master

Crazy Cat   41,985

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Filed: Citizen (apr) Country: Taiwan
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10 hours ago, peacefulSurfer said:

@Boiler  He is 33.

 

His mother filed in September 2016.

Looks like his priority date is current to file for adjustment of status.  That is a popular option.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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