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What happens after post decision activity for an approved I130 petition?

Aurora, IL |

After close to a year, USCIS approved the petition I130 that I filed for my husband. He was deported back in December 2010, what I dont know is what to expect. I looked online in the USCIS website and just says a letter should come in the mail and the National Visa Center should be receiving someething also. I would like for someone just to explain this last step thoroughly

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Attorney answers 3


When the I-130 is approved you then must wait for the priority date to become current. Once current the approved I-130 is sent to the NVC. The NVC will provide you with step-by-step instruction from that point forward.



Priority date is Feb.23, 2011.....what does this priority date mean?



Means you need to wait 6 more months... give or take. Google "visa bulletin"


yes you should begin to receive packets for the consular process. in the meantime you should begin to document the hardship you and your family will have if he is not able to return. on the other hand, before you spend the money you should check to be sure the he is even eligible for the three waivers that he needs. he needs needs one for his unlawful presence, one for the deportation and one for the crime that got him deported. if the deportable crime was an aggravated felony or a drug conviction then he might never be able to come back. find a good immigration attorney in the area with a lot of experience. good luck. tom

The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez or Yong Wood highly skilled and experienced.


What you should expect depends on 3 things: What is your immigration status? Why was your husband deported? Did he have any "unlawful presence" in the U.S.?

You may be to file some "hardship" waivers with the USCIS.

Please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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