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Approved I-130, (Post Decision Activity)...what happens next ?

Brooklyn, NY |
Filed under: Immigration Family visa

I just got a letter saying the I-130 petition has been approved.On the online status it says the Nebraska office has shipped this approved or re-affirmed case to the Department of State for visa processing.The priority date was Nov 2000 and the Notice date is October 2009.The relationship: sister of a U.S. citizen. What should I expect next to happen? I live in United States but my visa ( type R B1/B2 ) has expired a year ago. It was a 10 year visa from Oct 1998 to Oct 2008. Will I still be able to file I-485? What are my chances?And also will my daughters be able to apply for I-485? They are over 21 years old, but when the I-130 was filed I included them too. Their visas have expired couple of years ago and they still live in US .What do I do now? Does the 245i grandfathering apply to me?

Attorney Answers 1


Section 245(i) may apply to you, so that you can eventually adjust status. It depends upon whether you can prove that you qualify. Your B1/B2 visa expired when your I-94 entry card expired for the purposes of staying in the U.S. The visa expiration only allows the visa to be used for entries and exits during the period of validity, not to stay for a full ten years.

Your fourth preference family visa may not be ready for use. If you file too early, then you can lose a lot of money and can even get a deportion order as a result.

A very experienced immigration attorney should go through all of the facts. There may be eventual hope for your children over 21 years old, but this is unclear without further investigation.

The above is general information and is not meant to create an attorney-client relationship.

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