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    freerunner946's Avatar
    freerunner946 Posts: 2, Reputation: 1
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    #1

    Nov 23, 2013, 08:09 PM
    overstayed my tourist visa
    Hello I overstayed my tourist visa since I was 15 and I am 19 now I applied for I 130 and it was approved . My mother is permanent residence and she applied for me 8 months ago . Now the I 130 is approved but I'm not eligible to apply for adjustment of status and the NVC department of state hasn't contact me since they received my file! If my visa will be approved . Should I go back to my home country consulate for the interview or what ! But I'm afraid I will have to wait for 10 years penalty bar . Please help
    Thanks
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #2

    Nov 23, 2013, 11:30 PM
    If you do not have DACA, then I believe you would have a 10-year ban if you left the U.S. because you stayed more than one year after you're 18. You should have applied for DACA since if was offered last year; I believe that you would qualify. You do not accrue unlawful presence while you have DACA.

    Is your mother going to be a U.S. citizen soon? If your mother becomes a U.S. citizen before your 21st birthday, you would qualify for adjustment of status while you are under 21.
    freerunner946's Avatar
    freerunner946 Posts: 2, Reputation: 1
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    #3

    Nov 24, 2013, 07:55 AM
    Thanks for your answer and no I don't qualify for daca because I came to the us after June 15 2007. Is their any waivers coming up soon that can solve the situation or what if I go back and explain to the consulate in my country that it was kind of refuge situation and I was only 14. ( I used to live in the Sahara which still under nogtiaiton

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