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  • 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
    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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