QUESTION
If and when we get approved of the I130, what is our next step?
Asked on Mar 15th, 2014 on Immigration - New York
More details to this question:
He is living in the US illegally. We are waiting on approval. I just received a receipt for my I130 application petitioning my husband. I am a US citizen.
3 ANSWERS
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If your husband came to the U.S. legally and has no disqualifying criminal convictions, he will be able to apply for a green card. If he came to the U.S. illegally, you might want to speak with an immigration attorney to see if you could qualify for a waiver (permission from the Attorney General for your husband to receive a green card despite his illegal entry into the U.S.). Otherwise, you will have to put the approval of your petition in a safe deposit box and wait for the law to change, because, under the present law, people who came to the U.S. illegally cannot get green cards even if their spouses' petitions were approved.
Answered on Mar 19th, 2014 at 4:00 AM
3 Awards
An analysis has to be performed on your case to see if your husband requires a waiver. A provisional waiver or if he can file for an adjustment of status in the U.S.
Answered on Mar 17th, 2014 at 9:33 AM
He probably would want to apply for permanent resident status after I-130 is approved. If his application can succeed, depends on many factors. Consult with an attorney.
Answered on Mar 17th, 2014 at 9:30 AM