QUESTION

How long does an I130 take to be approved and could Trump cancel it if he's elected as president?

Asked on Mar 12th, 2016 on Immigration - Georgia
More details to this question:
I'm a Muslim.
Report Abuse

1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
USCIS processing times for Form I-130 Application for Alien Relatives are inconsistent, but usually take several months. Approval of a Form I-130 application does not, itself, provide any immigration benefits, such as authorization to enter or remain in the U.S. or to be employed, but instead that is the first step of a multi-step application process for achieving immigration-related goals. Eligibility, visa availability and processing time for the other step(s) requires further information about the applicable visa category. If, for example, a Form I-130 application is for a foreign national married to a U.S. citizen, a visa would be deemed "immediately available," allowing the couple to also file an Application of Adjustment of status along with applications for an Employment Authorization Document and, if eligible, an application for Advance Parole. If a Form I-130 application is for a sibling of a U.S. citizen, there may be no visa available for many years, and the other applications could not be filed until the applicable visa category becomes "current." An applicant's religion has no bearing whatsoever upon processing time. If Mr. Trump were to become elected President - an awful prospect for many reasons in my opinion - that would not authorize him to cancel a filed I-130 application, to cancel an approved I-130 application, etc. His dangerous rhetoric about immigration has led many people to fear action that he might take, but any change in the law would require a new law to be passed in Congress and then signed into law by the president, and in my professional opinion while Congress may be interested in some border protection and enforcement steps, it does not stand ready to overhaul U.S. immigration laws. The immigration application process is often significantly more complex than it may appear simply by reading the immigration statute, the USCIS website and the immigration forms themselves, and errors or inadequate documentation in the application process can cause significant delays or even more harsh consequences. It would be wise to work with an immigration attorney. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Apr 12th, 2016 at 1:49 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters