Apply in US or in home country?

[mjsantos]

If I live in the US but I am actually from another country. Can I only apply in the US if at the time of sending the application I was in a legal status in the US or as long as I was with a legal status here for one year anytime I can apply? Or should I just apply in my home country? I do not want to take the risk of applying in my home coutry and then get denied and won't be able to come back to the US again. What is your input?

Thank you.

 

[cchabert]

MJSantos I'm from another country legally in the US and I'm applying from US no need to go home, I'm using all my resources:

1.- Applying to Federal

2.- Applying to Alberta H1B program

3.- Looking for a Job

The only thing that you will need from Brazil is your police clearance, go to your consulate and ask how to get it

Hope this help

Peace!

 

[Leon]

Try to apply in the US. If they deny your application based on you not having legal status anymore, you can apply again in your home country. I have heard that people have applied in the US without having legal status there at the time and have been successful.

 

[mjsantos]

cchabert, Are you legal or illegal trying to apply here?

 

[cchabert]

Mjsantos I said ..."MJSantos I'm from another country legally in the US"

 

[jalbert]

If I live in the US but I am actually from another country. Can I only apply in the US if at the time of sending the application I was in a legal status in the US or as long as I was with a legal status here for one year anytime I can apply? Or should I just apply in my home country? I do not want to take the risk of applying in my home coutry and then get denied and won't be able to come back to the US again. What is your input?

Thank you.

You do not have to be in your home country. You can send the application to the visa office in your home country, even if you are in the US.

 

[mjsantos]

jalbert, What is the possibility that I will be called for an interview? I do not want them to deny my application upon the interview and then I won't be able to come back to the US. I do not want to gamble.

 

[jalbert]

That is true. Listen, you are in a difficult situation. I wouldn't know what to do in your case. Try sending your application to the US visa office, the worse thing that can happen is for them to return it. In that case, you'll know your only option is to send it to the visa office in your home country. Good luck.

 

[cchabert]

If you summit your papers in the US everything will be in US, because is your actual residence, my brother in law is from Colombia and he do everything here in the US, the only thing he need from Colombia was the police record and he do it through the Consulate, it takes 3 or 4 months, and that's it now he's in Toronto since 2005 and waiting to apply for citizen ship, hope this helps.

 

[todiefor]

I think it's a simple logic, if you are qualified to submit your requirement in the US, do so because it has a shorter processing time. But if not, you have no other choice but to apply in your home country.

Nobody knows if you will be require of an interview or not, it's all being decided by immigration officer evaluating your application.