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I 130 Approved

Asked over 3 years ago - Ames, IA

I entered the US 15 years ago with a visitors visa. Then I applied for political asylum. It was not granted. Married my wife 8 years ago, who two months ago became a US citizen. Filed an I-130 petition. 3 weeks ago I got a letter saying my visa petition has been approved and sent to NVC. What is the next step to take?
Also, I have a DUI from 12 years ago, nothing else, on my criminal record. Will this prevent me from adjusting my status? Please advise. Thanks

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Attorney answers (4)

Philip C. Curtis

Reputation Level 9

Answered over 3 years ago. Immigration Attorney in Jackson, MI.

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**CORRECTION TO PREVIOUS ANSWER** I meant to say that you need to file an I-485 immediately. Sorry...

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Philip C. Curtis

Reputation Level 9

Answered over 3 years ago. Immigration Attorney in Jackson, MI.

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Are you currently in the U.S.? If so you should have filed the I-130 with the I-485 petition for adjustment of status. Otherwise, you will have to leave the U.S. to obtain your immigrant visa and this could cause problems if you lived in the U.S. illegally all these years. If you are in the U.S. I would file an I-130 immediately. There is a place in the form to reference the case no. of the I-130. Be sure to enclose a copy of the I-130 approval notice. They will have to get the file back from the NVC.

A 12 year old DUI should not be an issue provided you have no other criminal issues and you completed whatever sentence/punishment you received for the crime. Hope this helps. Good luck.

adjustment of status

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Joshua Daley Paulin

Reputation Level 9

Answered over 3 years ago. Immigration Attorney in Boston, MA.

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Also, if you're in the US, you'll want to find out if your case was referred to the EOIR (immigration court) -- if so, you may have an order of removal; if not, you'll have to adjust in proceedings (before a judge).

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Philip Alan Eichorn

Reputation Level 17

Answered over 3 years ago. Immigration Attorney in Cleveland, OH.

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Based on the facts presented, you should be able to obtain permanent resident status. However there will be some bumps in the road. If your asylum application was not granted, it was likely referred to an immigration judge. You must determine your status with the immigration court prior to applying for adjustment of status.

DO NOT FILE THE I-485 until you have consulted with an immigration attorney who is experienced in deportation and family based adjustment cases. You may have an outstanding order of removal and not know it.

www.eichorn-law.com

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