Can I still get my F2B visa if I am out of status here in US? 6 Answers as of August 23, 2011

I have an approved petition for F2B visa since Nov/2009 and now the case is with the National Visa Center, the problem is that I am not sure if I was supposed to be back to my country to wait for the NVC to process my visa when it becames current. When I applied I was here already and was out of status, so when they approved my case, I didn't receive any information saying I had to leave and wait for my papers there in my country. Talking to the NVC, they told me my case is w/ them but in a US Consulate in my country and not here. The reason I am asking is that to me it doesn't make any sense if they know I am currently living in the US, they sent my process to my country, does it? I would make sense if I were there when I applied, right?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You may not be able to adjust within the US if you are not 245i eligible. If you have been out of status 180 days to 364 days, you may not qualify for consular processing for 3 years. If 365 days or more, 10 year bar applies. Waivers of unlawful presence may be available. Discuss that with an immigration attorney.
Answer Applies to: Nevada
Replied: 8/23/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
USCIS sent your case to the US Consulate in the Country because even though you are present in the US you don't qualify to adjust status (getting the green card) in the US. We need more information to let you know if there is a way to get the green card without leaving the US. question, please just reply to this email. The original content and subject should not be modified, otherwise your answer will not be valid.
Answer Applies to: California
Replied: 8/4/2011
Hans Burgos, P.A., Immigration Law Offices
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
A foreign national who is out of status in the US is not allowed to adjust status in this country as a general rule. You may be subject to a 3 year bar from admission if you accrued more than 6 months of unlawful presence in the US; and 10 years if you accrued more than 1 year.
Answer Applies to: Florida
Replied: 8/3/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello. Your file was sent to the Consulate based on how you filed the case. The filing of of the I-130 did not give you the benefit to stay here and wait. Therefore, you have overstayed and if you leave to process, you are barred from returning for 10 years. You will need to obtain a Waiver of this bar. This will be based on extreme hardship to a Resident or citizen spouse.
Answer Applies to: California
Replied: 8/3/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
It does not matter what the NVC might think or should think. You cannot apply from within the U.S. if you are currently without status in the U.S. UNLESS the visa petition was filed on or before April 30, 2001. You otherwise must apply at a U.S. Consulate. Be aware that the Consulate cannot grant you the visa if you remained in the U.S. for more than 180 days without legal status AND you depart the country. You should consult with an experience immigration attorney before you leave the U.S. or apply for adjustment of status.
Answer Applies to: California
Replied: 8/3/2011
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