QUESTION
Do we still have to file a I130 even though I live in the U.S already?
Asked on Jul 06th, 2013 on Immigration - Texas
More details to this question:
My mother recently received her green card after my sister, who is a U.S citizen, filed for her. Now my mother has filed a I130 and through research I've found that an I130 is just a petition for me to immigrate to the U.S. But I already live here. I don't quite understand.
6 ANSWERS
You may live here but in what status? If you are not in the US lawfully, then you need to be petitioned through the I-130. The more critical question is whether the I-130 will eventually even help you if you are already in the US but are not lawfully present.
Answered on Jul 15th, 2013 at 9:13 PM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
Update Your Profile
Yes if your want to immigrate through your mother she has to file an I130 regardless of where you are living.
Answered on Jul 09th, 2013 at 10:36 PM
Your Mother is a green card holder (not a U.S. Citizen) which means there is a priority date (waiting period) before a visa is available. Once your date is reached and a visa is available you may submit a green card application if you meet the requirement are here in the U.S. legally (if you are not here legally there may be other options). If you are not here legally, generally you have to leave the U.S. and apply for a visa in your home country. There are exceptions to this based on information that you have not provided (basically based on your immigration history and documentation). Please consult with an Immigration Attorney who can walk you through the process and help you with the legal paper work if and when you qualify to complete the process of getting a green card.
Answered on Jul 09th, 2013 at 10:35 PM
Employment & Labor Attorney serving Salt Lake City, UT
at
Sharon L. Preston, P.C.
Update Your Profile
If you are in the U.S. legally as a permanent resident, then you don't need an I-130 petition. However, if you are here but would like to apply for your permanent residence at some time, then the I-130 petition is essential. It's a relative petition that is filed so that a person can file their adjustment of status application (if they are eligible to do so). So whether the person is in the U.S. or outside the U.S., the either get an immigrant visa (for someone outside the U.S.) or to get permanent residence (if they are inside the U.S.), the I-130 petition is the underlying requirement for family based immigration.
Answered on Jul 09th, 2013 at 10:35 PM
Bruce A. Coane
If you're not a USA citizen, then you must have proper documents to live here, or you're considered to be in illegal status. If you don't have proper documents, then you need to get qualified legal counseling.
Answered on Jul 09th, 2013 at 10:34 PM
You should meet with an attorney. There is not enough information to state if you need the I 130. If you live in the US illegally, the I 130 might not help you.
Answered on Jul 09th, 2013 at 10:34 PM