My husband son visa was approved. But what is the next step.

Asked 11 months ago - Atlanta, GA

I husbands I-130 visa was approved for his son. The visa office mailed him a letter stating it was approved. Then a week ago. The approved visa letter was sent to the Department of State. So, what is the next step. Will he have to fill out anymore paperwork. Will the department of state for the approved visa sent out a letter.

Additional information

His son is now 21 years old. My husband is a pernmanet resident. His son is still in his county. He has never came to the United States. Is the process the same as my husbands was. I filed a I-130 for my husband and I only had two forms to fill out for his process. Is all the processes the same with the I-130. I didn't have to fill out a
application of adjustment status for my husband.

Attorney answers (6)

  1. David Nabow Soloway

    Contributor Level 17

    2

    Lawyers agree

    Answered . Approval of a Form I-130 Petition for Relative Alien is just the first step in a multi-step process that usually requires either an Application for Adjustment of Status or consular processing abroad. More information about both your husband and his son would be needed in order to assess the next steps. For example, if your husband is a U.S. Lawful Permanent Resident, and his son is unmarried and 21 years of age or older, and his son is located overseas, and the son is a national of a country other than the Philippines or Mexico, and the I-130 Priority Date (filing date) is on or before March 1, 2006, then according to the October, 2013 Visa Bulletin a visa will be available and the son will be able to petition for consular processing abroad. If details about this are less than thoroughly clear to your husband and his son, it would be a mistake for them to proceed without engaging an immigration attorney for advice.
    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  2. Boris Alexander Palant

    Contributor Level 16

    2

    Lawyers agree

    Answered . There is plenty of work ahead. Hire a good immigration lawyer. You will have to deal with the National Visa Center and then the US consulate in the country where the son lives.

  3. Geoffrey Alan Hoffman

    Contributor Level 16

    2

    Lawyers agree

    Answered . Your question appears to raise the issue of consular processing. If you are talking about a beneficiary who is abroad then you will need to follow the Department of State's procedures to have him lawfully enter the US. It is a complicated process and may involve further communications and documents provided to NVC and the consular post in the country of origin. Consult immediately with an excellent immigration attorney who can guide you through this process.

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his... more
  4. Lynne Rogers Feldman

    Contributor Level 18

    2

    Lawyers agree

    Answered . Next step is to pay the Department of State immigrant visa processing fees., gather documents for the immigrant visa stage, and complete the DS-260 and supporting documents. If his son is under 21 this will be done quickly. If his son is older, there will be a delay until the Priority Date is current. I suggest you consult with an immigration attorney as the next stages are more complicated than the I-130 stage.

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law


    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Lots of work ahead, so retain an immigration lawyer to handle it

  6. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You wait for the National Visa Center to contact you with further instructions.

    The Court of Appeals for the Second Circuit has stated that immigration law is "a notoriously complex and constantly shifting area of law."

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,424 answers this week

3,163 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,424 answers this week

3,163 attorneys answering