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My wife filed an I-130 for me on 12-29-11, got the receipt on 01-12-12, I haven't got anything else since then, is this normal?

Atlanta, GA |

My wife is a US. Citizen, she file an I-130 for me, but I haven got anything else since 01-12-12. I am here without inspection, so I know i have to hire a lawyer but I worry about not getting any other mail notice about my wife petition, how long does normally takes for finger prints notice or I-130 approval? is this a normal time line processing?

Attorney Answers 3


  1. Yes, takes about 6 months for approval. You and your wife should have spoken with a lawyer before you filed.


  2. At a USCIS/American Immigration Lawyers Association Liaison Meeting this morning, the USCIS Atlanta District Director announced that its processing time for adjustment of status applications is now slightly over four months.

    If you applied for an Employment Authorization Document ("EAD" or "Work Permit") along with the adjustment of status application and petition for alien relative, you should expect to receive it in the mail within 90 days of filing.

    The USCIS is inconsistent in the amount of time that it takes for adjudications. Two advantages of being represented by an immigration attorney include: the attorney should receive a copy of all notices from the USCIS so that if one sent to an applicant may go astray, the attorney nonetheless should receive one; and in the event of an undue delay, the attorney may make a formal inquiry through the AILA/USCIS Liaison process.

    [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, Poorak & 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 advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com


  3. Processing time for an Immediate Relative I-130 is approximately 6 to 9 months. Generally speaking, no fingerprints are scheduled during the processing of an I-130. As you stated that you feel it is in your best interest to retain qualified counsel, now would be a good time to do so and let him or her handle the processing of your case.

    -----------
    Jeffrey A. Devore, Esq.
    Board Certified Immigration Attorney
    Devore Law Group, P.A.
    2925 PGA Blvd., Suite 204
    Palm Beach Gardens, FL 33410
    Telephone: (561) 478-5353
    Facsimile: (561) 478-2144
    Skype: jeffrey.a.devore
    email: jdevore@devorelawgroup.com
    web: www.devorelawgroup.com

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