Approved F2A minor in the US - Not Eligible for AOS - Requires Consular Processing

[azblk]

Hello Again. I am needing advice. I am now having 2nd thoughts of proceeding with the interview. My daughter is graduating High School in the U.S. and has been accepted to about 10 Universities so far and offered scholarships. i am scared that something may go wrong in our home country if we decide to go to the visa processing and she will waste all her hard work and not be able to come back.

And if it is approved, I am not sure, how soon it usually takes from the date of interview and courier mailing to actually have the passport and visa back in hands.
I only have 2.5 weeks timeline to be able to accompany my daughter home because of work. She still needs to do Medical before interview. would 2.5 weeks be enough between the Medical Exam, day of interview and waiting for the passport and visa in the mail?

I can not answer about the timelines as it is different for each embassy or consulate. What I know right now is that your daughter has an excellent chance to get her green card yet worries are getting in the way of seeing it clearly. The alternative is she remains on DACA and hopes Trump doesn't end it or she might meet a nice USC boy at university and get married and he can file for her. Basically you are taking the matter and putting it into the hands of others based on unfounded fears of something happening in home country. I might be hit by a truck if i leave my house, does that mean I never leave the house? Sorry I might sound harsh but it is the reality of you daughters situation.

[worriedmom2000]

No not harsh at all. You actually are helping me with a lot of information on this and helping me decide. Thank you very much.

I spoke to someone who just got back from Guatemala with a similar case but I think it is not exactly the same , I am not quite sure about the whole scenario, but she is saying my daughter will need a WAIVER for Overstaying before we leave? I think she is talking about provisional waiver? Does this apply to my daughter?

Here is what I know of her case. She is a USC mother, and her daughter is now 21 and married. They entered US without permission. The mother married a USC and went home for consular processing with her waiver. She came back to the U.S. and once she became citizen, she petitioned her daughter which is already over 21 and married. Now the daughter went home to do the consular interview, but she had a WAIVER with her.

I do not know If i am suppose to apply for a waiver for my daughter?

Also, I understand when you board your flight from the Airport exiting US , they will ask for Green card if you are not a USC or doesn't have a US passport.
Since my daughter has neither, what will she show at the airport before boarding? I don't think she can show her DACA since it says it is NOT VALID FOR REENTRY?

[azblk]

No not harsh at all. You actually are helping me with a lot of information on this and helping me decide. Thank you very much.

I spoke to someone who just got back from Guatemala with a similar case but I think it is not exactly the same , I am not quite sure about the whole scenario, but she is saying my daughter will need a WAIVER for Overstaying before we leave? I think she is talking about provisional waiver? Does this apply to my daughter?

Here is what I know of her case. She is a USC mother, and her daughter is now 21 and married. They entered US without permission. The mother married a USC and went home for consular processing with her waiver. She came back to the U.S. and once she became citizen, she petitioned her daughter which is already over 21 and married. Now the daughter went home to do the consular interview, but she had a WAIVER with her.

I do not know If i am suppose to apply for a waiver for my daughter?

Also, I understand when you board your flight from the Airport exiting US , they will ask for Green card if you are not a USC or doesn't have a US passport.
Since my daughter has neither, what will she show at the airport before boarding? I don't think she can show her DACA since it says it is NOT VALID FOR REENTRY?

Your daughter will NOT need a waiver as long as she leaves before she turns 18 and a half, she started accumulating illegal presence when she turned 18. After 6 months - she wont be able to return for 3 years without a waiver. Getting the waiver is NOT an easy thing so if you are going to send her home to complete the process you need to hurry as you/she are running out of time. The longer you take to make this decision the more you imperil her situation.

Does she not have a passport from Guatemala? That is all she will need. If she doesn't have one contact you embassy/consulate and get her one as soon as possible. I am sure they have some sort of emergency protocol to get a traveling document quickly.

Again you need to move quickly as you are running out of time. Trump has already ended DACA and the only thing keeping those kids safe for now is a court order. Should that ruling be overturned then your daughter will be at the mercy of ICE.

[worriedmom2000]

Hello Again,

My daughter already has a consular processing appointment at the US Embassy in our home country on June 18.
She turned 18 on January 5, 2018. Is this enough time?

She has DACA valid until July 2019. Does it still apply to her that she will be over 18 1/2 by then?
Or is she still protected by her DACA until July 2019 so the bar of 3 years will not apply to her?

You said on your previous message, she is not accruing illegal presence because she has current DACA , when she turned 18.

Is this still correct?

[azblk]

Hello Again,

My daughter already has a consular processing appointment at the US Embassy in our home country on June 18.
She turned 18 on January 5, 2018. Is this enough time?

She has DACA valid until July 2019. Does it still apply to her that she will be over 18 1/2 by then?
Or is she still protected by her DACA until July 2019 so the bar of 3 years will not apply to her?

You said on your previous message, she is not accruing illegal presence because she has current DACA , when she turned 18.

Is this still correct?

You are correct she doesn't accrue unlawful presence while on DACA.