I am in appeal at BIA for about 1 year. I married my gf, a gc holder and she petitioned for me. Now she became a us citizen. If we change the app to petition from us citizen, can we get an approved I-130 before the BIA response? Can we apply for motion to reopen at BIA without approved I-130? Can I apply for prosecutorial discretion at the same time? Thank you all for your inputs!
You can apply for an I-130, request to remand the case and take additional steps. However, it is not possible to fully advise you what to do without looking at the entire record.
Kyndra L Mulder, Esquire
4110 Southpoint Blvd., Suite 101
Jacksonville Florida 32216
Our office is located across the street from Homeland Security/ USCIS in Jacksonville.
If your case is still on appeal to the BIA you can file an I-130 and a motion to remand with the Board. The requirements for this are very technical and failure to properly follow them will result in the denial of your motion. It is not necessary for the I-130 to be approved prior to filing the motion to remand if the case is handled properly. If you do not have qualified immigration counsel representing you before the Board then you should retain counsel immediately. if you are already represented by competent counsel then you should be discussing this matter with him or her.
It is very important to notify USCIS and BIA about the fat that your wife became U.S. Citizen. You should be aware that there is a general prohibition against approval of I-130 if the marriage was entered during exclusion, deportation, or removal proceedings. Your wife has to request an exemption to the approval bar and she must provide clear and convincing evidence that the marriage is bona fide. An immigration attorney will help you to navigate through this process and assist you to gather the evidence that your wife need to support her request for exemption.
Get free answers from experienced attorneys.
23,712 answers this week
2,579 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary