My husband is in mexico and i filed an I-130, since march 2013 . it was sent to the national beniit center, why?

Asked over 1 year ago - Spartanburg, SC

I filed and i-130 for my husband, and received my letter that it was sent to the national benifit center. how long does it take before i can get and approval. it has been 3 months and havent heard nothing yet??? Can he apply for a work visa?? does he qulify for a visa to come over here while he waits for an answer?? My husband has been in the USA before but left.... will he still have to apply for I-601??

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . Hire a lawyer. He or she will explain to you that it is part of the normal process.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . 3 months isn't very long. I believe that these are currently taking around 8 months: https://egov.uscis.gov/cris/processTimesDisplay...

    Yes, if he was in the US w/o proper documents for more than 6 months, he'll need a waiver.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Cindy Medina

    Contributor Level 14

    3

    Lawyers agree

    Answered . 3 months is not a long time for a family based petition. If you have so many concerns, especially regarding the requirement of a waiver, you should retain an attorney.

    **Please mark as helpful or best answer if you find this response helpful** MEDINA LAW GROUP PC: EXPERIENCED... more
  4. Theodore John Murphy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The paperwork was sent to the national benefits center because that is where the application will be decided. The process takes about 6 months. No he cannot apply for a work visa. Because he was here illegally before he cannot come and wait here while the applications are pending and yes he will need a 601 waiver. Hire a lawyer to help.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  5. Carlos Andres Lopez

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You have a lot of questions. Please consult with an attorney. Whether your husband qualifies for an I-601 depends on whether he has multiple illegal entries or one illegal entry and unlawful presence longer than one year. He does not have any chance to have a nonimmigrant visa such as a work visa. It can take up to 6 months for an I-130 to be approved. I hope this helps. My office number is 704-568-9228, if you would like a free consultation.

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