QUESTION
If my I130 was approved, what is my next step in petitioning my husband from Mexico if he is in the United States with me?
Asked on Jan 21st, 2014 on Immigration - California
More details to this question:
I'm lost and confused. I want to know if I have to file anything or do I just have to wait for them to send me more paper work requesting for additional information.
5 ANSWERS
There are tow options depending on whether he entered the U.S. with a visa or crossed the border without inspection. If he was inspected (with visa), he would be eligible for adjustment of status. If he entered illegally, then he needs to obtain an I-601A waiver and consular process his immigrant visa in Ciudad Juarez. I highly advise that you consult an immigration attorney if you're feeling anxious for a deep formal assessment of your husband's case.
Answered on Feb 03rd, 2014 at 4:04 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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The approved I-130 will now be transferred to the National Visa Center where you have to pay the affidavit of support fee ($88) and immigrant visa fee ($230). If you are a U.S. citizen and your husband entered the country illegally, he will also need to apply for and get approved a provisional waiver on form I-601A with USCIS if he has been unlawfully present in the country in excess of 6 months.
Answered on Jan 24th, 2014 at 2:51 PM
It depends on how he is in the US, in what status? Can you please clarify? Is he in the US as a visitor? An overstay? Did he enter the US lawfully or unlawfully? What is his age?
Answered on Jan 24th, 2014 at 7:00 AM
Are you filing as a U.S. Citizen for your husband or as a Green Card Holder and is he in the U.S. Legally. These are some of the important questions you need to discuss with an Immigration Attorney. The next step is to apply for a green card here or your husband must return to Mexico to apply for a Visa at the U.S. Embassy depending on his situation. Meet with an Immigration Attorney who can help you file the correct paper work.
Answered on Jan 24th, 2014 at 7:00 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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It depends whether he entered the US legally or illegally. If legally, then he can apply for Adjustment of Status. If illegally, then he must apply for a waiver and depart the US.
Answered on Jan 23rd, 2014 at 5:30 PM