QUESTION
When can I travel to the US after filing a I-130 form?
Asked on Feb 21st, 2011 on Immigration - California
More details to this question:
I have a Green Card but have overstayed outside the US (20 months). I'm married to a US citizen and lived in US for 10 consecutive years. I'd like to move back to the US. We are willing to go through the process to file I-130 form again in case I will be denied a re-entry permit. My question is: can I travel to the US right after my wife has filed a I-130 form and wait there for my applications to be processed? Thanks in advance for your help.
4 ANSWERS
William C. Gosnell
Not until they approve a visa for you.
Answered on Feb 22nd, 2011 at 1:25 PM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
Update Your Profile
You must wait to have your immigrant visa.
Answered on Feb 22nd, 2011 at 1:24 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
The only way to do that is to obtain an SB-1 Returning Resident Permit from the consulate - you will need to file a DS-117 and show a good reason for the overstay. Otherwise you will need to wait for your consular interview or find a nonimmigrant classification you qualify for that will not have conflicting intent with your pending I-130.
Normal consular process is 7-12 months.
If you would like a consultation on the facts of your specific case feel free to contact me as indicated below or if we can assist in your immigrant visa processing I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answered on Feb 22nd, 2011 at 1:24 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
No you may not return to the US based on filing an I-130 petition. You will have to remain outside the US during the process, which can take up to 1 year.
However, you may wish to consider coming to the U.S. using your Green Card. If your stay outside the U.S. was due to unforeseen reasons, you may not have abandoned your Green Card status.
Answered on Feb 22nd, 2011 at 1:23 PM