machita

This is my friend's situation:

About 5 years ago, his mother (green card holder) filed for immigrant visa for him to come to the US. He got tired of waiting and came here on a student visa. He is going to school now. Last month, the scheduled an interview for him in him home country in Palestine; Jerusalem embassy in May of this year. Problem is he doesn't have enough money to go back home and he doesn't want to go home anyway. The questions are:

1. Can he change the interview so can be interviewed in the US instead? How?
2. If he can't change the interview, can he reschedule? How?
3. What happens if he doesn't go to the interview and files another application to start over but within the US?

Please Please advise. He doesn't have a lot of time.

THANK YOU in advance.

Noorah101

No, because an interview to obtain a visa to enter the USA cannot be held inside the USA. It has to be held at a US Consulate outside the USA.

Possibly. Contact the US Embassy and see if they will reschedule.

If he's not going to appear at the consulate interview, he should let them know, so they don't just write him off as a "no-show". Is his mom still only a green card holder, or is she a USC now? I don't know if she can apply for an adjustment of status for him while he's here, if she's only an LPR. Even if it's possible, how much longer will he be a student here? He should not overstay his current visa.

Rene

meauxna

Why did they keep paying the fees for the immigrant visa (some $355+$80++?) if they didn't intend for him to go abroad for the visa?
He could have switched his case to an Adjustment of Status (and might still be able to) but it will cost another round of (higher) fees.

Both ways have their downside I suppose.

meauxna

A visa number must be available for him or they wouldn't have gone as far as scheduling the interview. But the mother doesn't apply for an AOS for him; he does that on her approved I-130.

Noorah101

Oh yes, good point.

Rene

machita

Thank you all for your replies.

His mother is still a green card holder. Can she adjust his status?

meauxna

Your friend should make an account and post about his own case.

machita

How is that helpful?

Bill_S

It is much easier to ask questions directly, rather than have them filtered through a friend.

machita

His English doesn't allow him to write his own explanation.

Noorah101

And yet he's a university student?

machita

He is in an ESL school. Learning English/.

Noorah101

Evidently there is a visa number now available to him. I am guessing he can probably apply to adjust his status, as meauxna suggested, based on the approved I-130.

Might be a good idea for him and his mother to have a consultation with an immigration attorney, and for you to go along to interpret.

Rene