What happens after I-130 is approved?

Asked over 2 years ago - Houston, TX

My husband and I already filed the I-130 Petition for Alien Relative in late February and they received it in March 20 and sent me the case # and the receipt for the 1-130 form.

I know that it takes 6-8 months for an approval of the 1-130 petition document to arrive. What happens after we receive the USCIS decision about our 1-130?

My husband enter the US illegally and has been here since he was 5 months old and now he is 24. I am a US citizen. Now I am wondering if he will have to leave the country? I also heard of a new law that ""MAY"" pass about arguing for Extreme Hardship if my husband could prove that the hardship he will experience is greater than what his relative would if he was not allowed to enter the U.S. with a visa or green card. 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?

Additional information

Husband born in Mexico

Attorney answers (4)

  1. Robert West

    Contributor Level 20


    Lawyers agree

    Answered . To answer your question about what happens after your 1-130 is approved; your case is processed through the national visa center. The waiver may be able to be filed and preapproved by the USCIS but your spouse will eventually have to depart the country to obtain the 1-130 Petition for Alien Relative immigrant visa.

    You will need a competent immigration lawyer to assist you with the waiver.

  2. Gen Kimura

    Contributor Level 18

    Answered . Your husband cannot adjust his immigration status here in the U.S. He must leave for Mexico and submit a waiver application pertaining to the 1-130 petition 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 looks promising, 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.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932. less

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  3. Gintare Grigaite

    Contributor Level 18


    Lawyer agrees

    Answered . 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.

    Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and... more
  4. Elizabeth Clare Surin


    Contributor Level 15

    Answered . I agree with my colleague.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more

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