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I-130 Immigrant Petition

An I-130 marriage based visa is designed specifically for U.S. citizens married to foreign nationals. This I-130 US marriage visa allows the foreign national spouse to enter the United States as a green card holder. The green card status authorizes the foreign national to live and work in the United States permanently. The I-130 immigration petition or spousal visa is a pathway to U.S. citizenship for many individuals and can be quite confusing and cause many questions to arise. Read below five of the top I 130 questions that were answered by the Experts on JustAnswer.

Can an approved I-130 be revoked if not used in 12 months?

Yes, but this can be prevented by contacting the National Visa Center (NVC) regularly (in less than 12 month increments). The case can be kept active pretty much indefinitely, as long as they never let more than 12 months pass without contacting the NVC. If you have more questions regarding an I 130 petition, feel free to ask an Expert for quick and affordable answers to your questions.

Can the I-130 "Beneficiary" in Canada, stay with their spouse during petition approval process and can the spouse apply for V1 VISA ?

A TN visa must maintain bona fide non immigrant intent throughout the TN professionals stay in the United States. The regulations provide that a TN applicant cannot intend to establish permanent residence in the U.S. and must satisfy immigration officials that the proposed stay is temporary and has a finite end. This means the TN professional must intend to depart the U.S. at the conclusion of the TN employment. At the moment a Canadian citizen applies for a new TN or an extension of or change to TN status, the applicant cannot intend to remain permanently in the U.S. after the TN is approved. When a Canadian citizen working in the U.S. under TN visa status marries a Lawful Permanent Resident of United States, and then wishes to file for lawful permanent residence (a green card), an immigration strategy needs to be developed to ensure continued admission to the U.S. and employment authorization during the processing of the green card application.

If someone submitted a I 130 form for their three grown children, two of the children are single, one is married, how long does the process take?

For married children it will take 10 years to get a green card and for unmarried adult children it will take 7 years. After the I-130 is approved, you will not have to do anything. The cases will be sent to the national visa center (NVC) and in 7 and 10 years when visas become available you will be contacted to continue the process, the cases will then be sent to the embassy in Colombia for them to have their interviews or if they are here in the U.S.A. in status you can request the interview here at USCIS for the green cards. In any event, when the time comes you should get an immigration attorney to assist with the petitions so that everything is filed correctly. An Expert can help answer any of your questions regarding applying for a I 130 petition.

If someone has an I-130 (based on marriage) and was denied and they filed a form EOIR-29 appeal. What should they expect from the appeal process at this point and how long will it take? Can the new I-130 be approved even though she is on appeal?

A full appeal before the Administrative Appeals Unit takes approximately 2 years. The usual evidence that is sent with a I 130 is a joint lease or mortgage, joint auto registration, auto insurance, medical and health insurance, medical records with husband as next of kin, joint utility bills, even envelopes address to both that were from junk mailers.

If someone is currently on a L1a Visa that will be up for renewal next year, while under appeal, could their child who by that time should be a US citizen, apply for immediate family I 130

Yes, because you are in a period of authorized stay while the petition is pending and have not accrued any unlawful presence. However, if your visa is not renewed, you would be considered “not in status" because your status has expired. That being said, your son as a US Citizen may petition you and you can apply for adjustment of status in the US because you are an immediate relative and that category is an exception if you are out of status to the general rule that if you are out of status you cannot apply for status.

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