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  1. #1

    Default consular processing interview scheduled set... but

    Hi there, I hope you guys can help me out. I was 15 years old when I got a tourist visa to come to the US to visit my dad in 2001 (he was resident back then, and citizen now). He then filled up a Consular Processing Form for me in Lima-Peru. After the 6 months that I as allowed to stay, my dad decided to keep me here in California, so I became Illegal.

    Now after all these years I finally got my interview date scheduled, problem is, it's in Peru. I know that if I leave the US I wouldn't be allowed to return for up to 10 years because I stayed illegally, so I'm wondering these:

    1- Am I too late to switch to AOS since I already have an interview date scheduled? if I'm not and decided to switch to it, would I have to go back in waiting line and start from square one or would I be able to skip it?

    2- Is there a way for me to get my interview anywhere closer to the US? say for example Mexico or Canada?

    That would be all for now. thanks for your help!

  2. #2
    Join Date
    May 2006
    Posts
    401

    Default

    Why did your father not change you case to AOS at the point you decided to stay? It maybe because at that point your father was not a Citizen, is my guess correct.

    If you father filed for a GC for you when he was a GC holder and now he is a citizen, I am not sure you can transfer an application across.

    Also how did you get you visitor VISA? Did you already have your Green Card application filed when you went fro a visitor Visa. Did your father answer the question that you had a immigration visa already applied for correctly. A it would have been considered DUAL INTENT and visa rejected.

    You have many many complicated issues that relate to your case including your illegal stay, you should consult a good attorney to get a legal perspective as to what you should do... tred very carefully as you may get a short end of the stick from the Immigration law.

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