QUESTION
Can he stay here in the US longer than in the Philippines if I130 was approved?
Asked on Aug 04th, 2017 on Immigration - New York
More details to this question:
My husband's petition was approved while he is here in the US for a vacation. He stayed here for 3 months and planning to go home in the Philippines. He wants to go back here in the US as soon as possible.
2 ANSWERS
Approval of a Form I-130 Petition for Relative Alien does not, by itself, authorize presence in the U.S. or entry into the U.S. Moreover, it (as well as your marriage itself) can demonstrate "immigrant intent," i.e. an intention to remain in the U.S. permanently, which could make him ineligible to re-enter the U.S. with the B1/B2 visitor's visa I presume your husband already has. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 12th, 2017 at 6:33 PM
He might be able to qualify for an adjustment if status. Consult with an attorney.
Answered on Oct 12th, 2017 at 6:33 PM