QUESTION
Can I still get my F2B visa if I am out of status here in US?
Asked on Jul 21st, 2011 on Immigration - California
More details to this question:
I have an approved petition for F2B visa since Nov/2009 and now the case is with the National Visa Center, the problem is that I am not sure if I was supposed to be back to my country to wait for the NVC to process my visa when it becames current. When I applied I was here already and was out of status, so when they approved my case, I didn't receive any information saying I had to leave and wait for my papers there in my country. Talking to the NVC, they told me my case is w/ them but in a US Consulate in my country and not here. The reason I am asking is that to me it doesn't make any sense if they know I am currently living in the US, they sent my process to my country, does it? I would make sense if I were there when I applied, right?
4 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
You may not be able to adjust within the US if you are not 245i eligible. If you have been out of status 180 days to 364 days, you may not qualify for consular processing for 3 years. If 365 days or more, 10 year bar applies. Waivers of unlawful presence may be available. Discuss that with an immigration attorney.
Answered on Aug 23rd, 2011 at 11:58 AM
Corporate & Incorporation Attorney serving Coral Gables, FL
at
Hans Burgos, P.A., Immigration Law Offices
Update Your Profile
A foreign national who is out of status in the US is not allowed to adjust status in this country as a general rule. You may be subject to a 3 year bar from admission if you accrued more than 6 months of unlawful presence in the US; and 10 years if you accrued more than 1 year.
Answered on Aug 03rd, 2011 at 1:15 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hello. Your file was sent to the Consulate based on how you filed the case. The filing of of the I-130 did not give you the benefit to stay here and wait. Therefore, you have overstayed and if you leave to process, you are barred from returning for 10 years. You will need to obtain a Waiver of this bar. This will be based on extreme hardship to a Resident or citizen spouse.
Answered on Aug 03rd, 2011 at 12:37 PM
It does not matter what the NVC might think or should think. You cannot apply from within the U.S. if you are currently without status in the U.S. UNLESS the visa petition was filed on or before April 30, 2001. You otherwise must apply at a U.S. Consulate. Be aware that the Consulate cannot grant you the visa if you remained in the U.S. for more than 180 days without legal status AND you depart the country. You should consult with an experience immigration attorney before you leave the U.S. or apply for adjustment of status.
Answered on Aug 03rd, 2011 at 11:08 AM