Me and my husband already filed the I-130 in late February they recieved it in March 20 and sent me the case # and the receipt. I know that is takes 6-8 months for an approval to arrive. What happens after that? My husband enter the US illegally and has been here since he was 5 months old now he is 24. I am a US citizen. Now im wondering if he will have to leave the country? I also heard of a new law that "MAY" pass about Extreme hardship will that help us?
Sorry to ask so many questions
What happens after I-130 is approved?
Will he have to leave the country?
Will the law pass and if it does will it help us?
He can not adjust status here in the U.S. He must leave for Mexico and submit an waiver application to the U.S. Consulate in Ciudad Juarez. The new regulation allows people like your husband to submit the waiver application to the USCIS in the U.S. If his waiver application look promissing, the USCIS will issue him a provisional approval notice. At this point, he has to leave the U.S. to complete the final process in the U.S. Consulate in Ciudad Juarez.
Since your husband did not enter legally with a visa, and provided he does not have a qualifying petition filed on his behalf on or before April 30, 2001, he will have the I-130 approved, but he will not be able to adjust status until the law changes. Consult an experienced immigration attorney on this.
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