What is a processing time for I -130 for a person in removal proceedings ?

Asked almost 2 years ago - Arlington, VA

My husband and I got married while I was in removal proceedings. Then we have applied for I -130 and now its been more than 6 months since we applied. We got receipt number and every time we check it says ' initial review', for the last six months. I have called USCIS yesterday and they couldn't provide me with any information regarding my application besides they said it is still in Missouri at benefit center and they don't have processing time. My question is how much longer do I need to wait , I am afraid it might be over two years by the time i get my I 30 approved. And my individual hearing is in September 2013. Thank you !

Attorney answers (5)

  1. Ismail T. Shahtakhtinski

    Contributor Level 12


    Lawyers agree


    Answered . You should notify the court and DHS that you have a pending I-130 and they will give you time. Geeting I-130 approved is not all that is required to terminate your removal. You should retain an attorney to help you.

    Ismail T. Shahtakhtinski, Esq.
    I.S. Law Firm, PLLC
    1199 N Fairfax Street, Suite 702
    Alexandria, VA 22314
    (703) 527-1779

    The information provided in this answer is designed to provide useful information and background materials about I.... more
  2. Peter Anthony Jabaly


    Contributor Level 16


    Lawyers agree

    Answered . You need an attorney to help you.

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Have your lawyer request an expedite ... don't try to do this yourself.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Gintare Grigaite

    Contributor Level 18


    Lawyers agree

    Answered . Six months is about the average processing time. If it goes beyond that, I would recommend that a representative on your behalf perhaps create a service request.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact... more
  5. Grace Montesino Esnardo

    Contributor Level 8


    Lawyer agrees

    Answered . I recommend that you retain an immigration attorney. He/She may be able to file a motion to terminate and remove you from the removal proceedings and file for the adjustment of status if granted. That way even if you are waiting for the adjudication of the I-130 your spouse's adjustment is getting processed. My experience is the process gets better. But you cannot do this alone, you really need someone to help you. Lawyers are worth the investment!

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

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