Immigration Issues/immigrant visa
i have a question, that my dad started my process with the i130 once he became citizen we went to the USCIS services and gave is this upgrade thing for mine and my brother's case. i dont know how all of our process ended up in ciudad juarez mexico. but the question i have is this, will me and my brother be affected in the appointment, because we've been living here since 1997 and our appointment is for march 2008, i'm about to turn 21 and my bro is 18, so i'm worried about how long it will take bc i turn 21 in oct. i dont know if we're going to have problems coming back to the country, or if we're just getting a visa to come back and start a [i-485] in the country or a residence card?? i'm worried bc i'm in college and it would really suck if they dont let me come back in the country to finish my semester... please if someone can help me with this questions i've tried calling NVC and USCIS and no one has any answers.
If you entered the country legally with a visa back in 1997, you do not have to and should not go abroad for your interview and can file I-485s here. This is true even if you overstayed your time. If you came in illegally, you will have to go to an embassy abroad to be interviewed. Once you leave the country, you are subject to a 10 year bar, which you will need to get a pardon to get back before the 10 years. These pardons can take several months if they are approved and you would be stuck there until the pardon is approved or 10 years passes.
You brother would not be subject to the 10 year bar if he leaves before he is 18 and 1/2.