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lovely roses
Apr 26, 2024
confused F2B case
someone please help me understand this: My mom who was a greencard holder filed for me but passed away during us waiting for approval. I went through humanitarian reinstatement which was approved January 2024. My brother who is a citizen of the US took over. My lawyer told me I have to go through consular processing. My country is St. Lucia (Caribbean). I have been living in the US on a visitors visa which has already long expired. When my lawyer told me I have to go through consular processing she also stated that I have to go back to my country for the interview…. I am confused… I thought I would have to do adjustment of status…
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O
O CApr 26, 2024
yes you have to return home, because you are unable to adjust status through your brother as you are not an immediate relative. Ask your lawyer whether a waiver for over staying your visitors visa would need to be applied.
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lovely rosesApr 26, 2024
@O C she said yes. even with the waiver I would still need to go back?
O
O CApr 26, 2024
Yes, I thought so, you need a 601 waiver and you need to go back. Sorru
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lovely rosesApr 26, 2024
@O C do you know how long u have to go back for? like the process?
O
O CApr 26, 2024
@lovely roses this depends on the processing time in your country's embassy. And I am not sure how long a waiver would take, to be honest I see waivers taking up to 4 years, but don't let scare you on the waiver processing time
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lovely rosesApr 26, 2024
okay thanks @O C
O
O CApr 26, 2024
@lovely roses it is best when you get married to a US citizen, then you don't have to return home, but you would still need waiver
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lovely rosesApr 26, 2024
@O C Yes I’m aware of this one….. So despite having the waiver and going to the interview you aren’t guaranteed a visa to return? I thought siblings were immediate relatives…
O
O CApr 26, 2024
immediate relatives are parents,, children and spouses. I see your concern, but it is often up to the uscis and consular officer. Did you enter the US legally and as a minor? if you did by your parents then you had no control when being a minor, but the consular officer may say to you that once you became an adult (18 years) you should have returned
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lovely rosesApr 26, 2024
yes I came here at the age of 15 years by plane on a visitors visa.
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lovely rosesApr 26, 2024
@O C
O
O CApr 26, 2024
@lovely roses , to be honest you may be given a waiver, you need it any way. I would be scared to go back home too and to be uncertain of the wait time but it's the process if you cannot adjust status
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lovely rosesApr 26, 2024
@O C yes I am definitley scared. that’s why I came on here to ask
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lovely rosesApr 26, 2024
@O C at first my lawyer told me I may have to go back home for the in
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lovely rosesApr 26, 2024
interview *
O
O CApr 26, 2024
@lovely roses yes going back is for the interview
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lovely rosesApr 26, 2024
@O C Okay, thank you
O
O CApr 26, 2024
@lovely roses you are welcome
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My CaseApr 29, 2024
Don’t go back home. Find someone you love, get married and adjust your status. if you go back you will regret it‼️
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lovely rosesMay 1, 2024
@My Case what happens??? what if the waiver gets approved?

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