QUESTION
I have DACA and my sister sponsored me for a green card.
Asked on Oct 21st, 2020 on Immigration - New York
More details to this question:
I have DACA and my sister sponsored me for a green card. After 8 years I was notified that my case was accepted and will be in line for a visa interview next year. However, I have to return to my home country for this interview. My immigration lawyer advises that I should not attend this interview because I had resided in the U.S. illegally before DACA was created and that may make me fail the interview. If that happens I'll be stuck in my home country, unable to return. I have paid taxes and had DACA ever since it was created. Does it really not count for anything? I'm desperate for a second opinion. If I dont attend the interview, the sponsorship is lost.
1 ANSWER
When it comes to immigration petition one of the biggest mistakes of a person is not to attend an interview. However, it is also truth that only certain clases of relatives can file for a waiver of i lawful presence or entering without inspection. Usually, the existence of a parent or a spouse resident or US citizen can help a case. Finally, before jumping to any conclusions it is necessary to have more information about a case.
Answered on Nov 06th, 2020 at 3:22 PM