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overstayer/F1 petition pending

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J

jamscare

Guest
My adult relative was filed for by her permanent resident mother (F2B) in Jan 1996.Since then her mother has become a citizen.This means that her petition can be upgraded to an F1 petition.
1. Is that true?
My relative is however an overstayer in the US.She lived in the US from 1989 to March 1998.(She has never been in any other sort of trouble)
2. Is she subject to the 3 or 10 year ban?
3. If she is, when does it start and when does it end?
4. If she is called for the interview 1 month before the ban ends would you suggest her asking for a later appointment?
Thanx for the opportunity to ask ques.
 


U

usdeeper

Guest
The ban starts when she LEAVES the country. Sorry I can not answer the other questions because I have no experience with F1 etc.. but whatever happens, get legal advice and ensure that she knows that leaving the country at this point would be a bad thing!
 

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