I am living overseas and my father is going to petition for me as an immediate relative. However, due to personal reasons I can’t stay and wait for consular processing as much as I would like to. Nor do I want to have to travel to the USA and concurrently file all my forms just to be able to stay in the country. You see I am about to age out so I would have to drop my whole life here in just a few weeks.
I was hoping that my father could put in my petition (CSPA will then apply) and in a few months I could travel on a non-immigrant visa waiver and adjust status. I know that is not correct but - no alternative.
I know that many people file their I-130 and then their AOS later. However, the real problem in this already silly plan is that the I-130 asks if I am in the USA or not. My father can’t lie and say I am ( too risky – at the interview they will see the date of my ticket) so I wonder if this is even a possibility. I would have to lie at immigrations and then say it was a spur of the moment decision if they even let me in.
Could one leave the section blank? Stupid question I think. If they send back for more info then that could buy some time – but because I need CSPA to take effect I can’t risk the whole petition being refused.
Then again, it’s going to be pretty painfully clear that I entered the US purely to adjust status given the fact that I turn 21 in three months. So if they are going to do me for immigrant intent, they will anyway. Do you think its likely that “discretion” will be applied in my case, if I can give some good reasons.
Am in deep trouble and have to decide virtually tomorrow.
Any advice would be marvellous. Thank You!