Will being an out-of-status f1 student affect my consular interview?

[solution15]

I am currently an out of status student in the us, but I have a consular intervie in my country coming up based on child of LPR (f2a category). However, i'm scared havin violated my f1 status will result in a denial at the consulate, is my fear justified?

[newacct]

It shouldn't have an effect, unless you never attended the school you said you would attend (that would be kind of student visa fraud). If you are worried about the unlawful presence ban, you shouldn't have accrued any "unlawful presence", as you generally only start accruing that if you stay past the date on your I-94, but as an F-1 student you were admitted for "D/S" on your I-94, not a date, so you cannot automatically start accruing "unlawful presence" by staying past any date. You can still start accruing "unlawful presence" if you applied for some benefit to USCIS and were denied for being out of status, or you got a final order of removal from an immigration judge; I'm assuming neither of those happened.

[solution15]

Thanks newacct, I actually tried to adjust status but was denied based on my category for i485 was f2b as i aged out and didn't apply within 1 year of visa availability. At the interview, they found out I had dropped out of school and the decision letter advised that I leave the country soon. But now nvc has recently contacted me to continue d process at d local consulate, was worried of any potential impacts.

[newacct]

You mean you applied for Adjustment of Status under F2A dates but it was denied because you didn't take advantage of CSPA and aged out into F2B (and thus visa numbers are not available)? In this case you have to wait a few more years because F2B currently has a wait of 6-7 years for people born in most countries. Or you applied for Adjustment of Status because visa numbers are available under F2B, but were denied because you were out of status? You shouldn't have applied when you were out of status. You shouldn't have problems consular processing as you have not accrued any "unlawful presence".

[solution15]

It was denied because i didnt take advantage of the cspa act one year window, and I was in status when I applied, but now my consular processing indicates i'm still f2a, nvc didnt contact me until more than a year after my visa was current and available.

[newacct]

But you should now be in F2B. So if it has not been 6 years or so since the petition was filed, a visa number shouldn't be available, and if they think that a visa number is available based on F2A, that's wrong for you. (Not sure why they would mistakenly think that though, as they know you've aged out.)

[solution15]

I don't understand why, i will go and they'd probably tell me sorry , i've aged out as they did at the AOS interview! Thanks newacct .. appreciate

[newacct]

You should not leave the US at this point because it doesn't like you are eligible for an immigrant visa and won't be for a few years. Contact the NVC and get this figured out.