想请教8老师：1，能不能向NVC说明女儿一直留在美国读书，希望在美国进行visa interview？
-If her visa application is based on the I-1`30, she has no choice because she has lost her H-4 status.
---what does “no choice” mean? Does it mean that we should not talk to NVC to change the interview place and we have to go back to Guangzhou, China to have her visa interview?
Or does it mean that we can talk to NVC that my daughter is in U.S. now (even she lost H-4 already), and request to have interview here in the U.S., please advise.
2，如果去广州，拿到的是绿卡还是visa? 几天能拿到？
-Have you submitted all of the documents including your child DS 260 to NVC yet? If yes, it may take several months, depends on how busy the US Consulate, case by case.
--I am filing online DS260 now, not yet submitted. Do I still have chance to have visa interview in the U.S.?
-No. Immigrant visa interview only can be taken in the US Consulate in Guangzhou. Because your child has no legal status (illegal stay) in US, she cannot file I-485 within US, but apply for the immigrant visa in China only. Because she is less than 18 years old, her unlawful presence (illegal stay) does not affect her immigrant visa application in China, i.e. not subjected to 3- or 10- year bar.
it may take several months, Does it mean that from DS260 completion to get interview time slot, it will take a several months? please advise.
-Yes, but as I said, it is case by case. In some case, it may take about one year or more. She does not need to leave US until she receives the visa interview appointment.
3，如果是visa，什么visa？
-If it is based on I-130, then it should be "F-22" category, immigrant visa.
How long it will take from F-22 to green card?
-When she enters US using the immigrant visa, she will become a green card holder immediately (she will receive the plastic green card in about one month).
