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I-130 approved but pending I-485

Boston, MA |

Here is my situation:

In 2005 i came into US with my italian passport (waiver visa), i stayed for 6 months. (italian passport allow me to stay only 3months)...
Then i returned to US 3 years later, meet my husband... We started to date. I was in US for only 2 weeks.
Then 6 months (feb 2009) later i came back, got married, and im here since...
So, here is my question:
Yesterday i had my interview and the IO approved our I-130, but she said because i overstayed 3 months back in 2005 she had to review my case.
She said she was going to let me know today, but of course - i didnt hear a thing!

What is gonna happen now??


I just got this email from USCIS: Receipt Number: M000000000000 Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Your Case Status: Decision On February 9, 2012, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283. During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. This means I'm APPROVED??? :)

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Attorney answers 4


Very likely the officer is going to request for you to file an I-601 waiver> you are going to need an experienced immigration attorney to help you with the preparation of the waiver.


It is impossible for an attorney to state what is going to happen particularly when, as here, the attorney does not have all the facts.

Possible outcomes are:
1) A request for a waiver.
2) A denial
3) An approval

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


A three months overstay does not bar you from adjusting your status. It is otherwise not possible to predict what could be the problem without reviewing the case.

San Francisco Immigration Attorney for removal defense, all work visas and avenues to permanent residence, investors, and naturalization. Call 415.834.0600 for free phone consultation - mention Avvo! 235 Montgomery Street, Suite 728, San Francisco, CA 94104 /


Assuming you entered the other times using the visa waiver program after
overstaying, you were technically ineligible for admission using the
visa waiver program. There was a question on the I94W form which would
have asked you about this. Failing to answer it truthfully could be the
basis for a fraud finding. You should consult with an experienced
immigration attorney who can review your case and advise you how best to

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