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 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.
lovely rosesApr 26, 2024
@O C she said yes. even with the waiver I would still need to go back?
O CApr 26, 2024
Yes, I thought so, you need a 601 waiver and you need to go back. Sorru
lovely rosesApr 26, 2024
@O C do you know how long u have to go back for? like the process?
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
lovely rosesApr 26, 2024
okay thanks @O C
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
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 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
lovely rosesApr 26, 2024
yes I came here at the age of 15 years by plane on a visitors visa.
lovely rosesApr 26, 2024
@O C
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
lovely rosesApr 26, 2024
@O C yes I am definitley scared. that’s why I came on here to ask
lovely rosesApr 26, 2024
@O C at first my lawyer told me I may have to go back home for the in
lovely rosesApr 26, 2024
interview *
O CApr 26, 2024
@lovely roses yes going back is for the interview
lovely rosesApr 26, 2024
@O C Okay, thank you
O CApr 26, 2024
@lovely roses you are welcome
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‼️
lovely rosesMay 1, 2024
@My Case what happens??? what if the waiver gets approved?