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Old Jun 21st 2009, 5:44 am
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Default Going to the US

Hello everyone,

What would happen if while you were in holiday in the states, your family were to file for you? What is the procedure? Thanks.
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Old Jun 21st 2009, 5:55 am
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Default Re: Going to the US

Originally Posted by Nyarai
Hello everyone,

What would happen if while you were in holiday in the states, your family were to file for you? What is the procedure? Thanks.
This is NOT going to happen for you though.
http://britishexpats.com/forum/showt...13#post7685913
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Old Jun 21st 2009, 5:55 am
  #3  
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Default Re: Going to the US

Originally Posted by Nyarai
Hello everyone,

What would happen if while you were in holiday in the states, your family were to file for you? What is the procedure? Thanks.

You have already stated that your father has petitioned for you via form I-130. All you can do is live your life where you are and wait for a visa to be available to you.

You are no eligible to come visit the US and stay while this is pending if that is what you are looking to do. You have no legal right to be in the US on anything but a tourist/VWP visa.
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Old Jun 21st 2009, 5:58 am
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Default Re: Going to the US

Originally Posted by Nyarai
Hello everyone,

What would happen if while you were in holiday in the states, your family were to file for you? What is the procedure? Thanks.
Nothing would happen. Your dad would file your I-130, and you'd return home before your I-94 or I-94W expires.

If you want to remain in the USA, you'd have to have some kind of appropriate visa to do so....student, work, etc.

Rene
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Old Jun 21st 2009, 6:15 am
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Default Re: Going to the US

if you come and overstay the vwp - then you will be there illegally and that wont look good when they come to look at whether or not to issue family based vias etc.
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Old Jun 21st 2009, 6:48 am
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Default Re: Going to the US

Originally Posted by MsElui
if you come and overstay the vwp - then you will be there illegally and that wont look good when they come to look at whether or not to issue family based vias etc.
THanks for your relies. I wasnt planning on doing that actually. I know of someone who is doing it at the moment and I wanted to find out what the process was.
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Old Jun 21st 2009, 7:31 am
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Default Re: Going to the US

Originally Posted by Nyarai
THanks for your relies. I wasnt planning on doing that actually. I know of someone who is doing it at the moment and I wanted to find out what the process was.
If the applicant goes out of status in the US, they aren't eligible to adjust status (unless they're an IR) and probably earn a ban against their re-entry. It's really a no-go plan.
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Old Jun 21st 2009, 7:39 am
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Default Re: Going to the US

Originally Posted by meauxna
If the applicant goes out of status in the US, they aren't eligible to adjust status (unless they're an IR) and probably earn a ban against their re-entry. It's really a no-go plan.
Ok, its just that the person sounded so confident that they could sort things out over there. I wasnt too sure about that one. Btw, what is an IR?
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Old Jun 21st 2009, 7:59 am
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Default Re: Going to the US

Originally Posted by Nyarai
Btw, what is an IR?
Google: IR + visa.

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Old Jun 21st 2009, 8:45 am
  #10  
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Default Re: Going to the US

Originally Posted by Nyarai
Hello everyone,

What would happen if while you were in holiday in the states, your family were to file for you? What is the procedure? Thanks.
Here, I'll lend you the word that your thread title is missing:
NOT
Let me have it back when you're done with it, won't you?
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Old Jun 21st 2009, 9:37 am
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Default Re: Going to the US

Originally Posted by dbj1000
Here, I'll lend you the word that your thread title is missing:
NOT
Let me have it back when you're done with it, won't you?
LOL!! Its all yours!
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Old Jun 21st 2009, 9:45 am
  #12  
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Default Re: Going to the US

Originally Posted by Nyarai
LOL!! Its all yours!
I'm pretty sure you're not done with it yet.
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Old Jun 21st 2009, 4:12 pm
  #13  
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Default Re: Going to the US

Here... take this one - it's bigger.
NOT
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Old Jun 22nd 2009, 8:35 am
  #14  
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Default Re: Going to the US

Originally Posted by AdobePinon
Here... take this one - it's bigger.
NOT
Right
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