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Will my husbands I-130 and I-824 petitions expire? What should i do?

Aurora, CO |

On May 2011, my husband was approved on petition I-130. We then applied for from I-824 (we had a lawyer). I-824 was approved on April 2012. The next step we needed to do was pay the fees to NVC and wait for the visa appointment to see if he would be approved. However, we decided to put the NVC step on hold because president Obama had passed the DACA petition. We applied for it on our own and my husband was approved. The DACA is only good for two years. I want him to become a permanent resident. What can I do to keep the previous petitions from getting expired? Could we pick up where we left off with NVC by sending in the forms and fees? We want to do this before his temporary residency expires. Possibliy sometime next year. I understand he may still leave the country.

Attorney Answers 5


  1. Best answer

    I assume you are US citizen and not a legal permanent resident so the immigrant visa number is immediately available to your husband. Please do not make a mistake thinking that your husband is a temporary resident; he is not; he is only DACA beneficiary. If immigrant visa is available to him then take advantage of provisional I-601A waiver of unauthorized presence (if he does not have any criminal or other grounds of inadmissibility other than unauthorized presence) and once adjudicated forward it to National Visa Center so they would schedule an interview for him overseas at US consulate. Prior to filing I-601A you will need to communicate with NVC; file DS260 (immigrant visa application electronic or otherwise); pay their fees and submit it with I-601A. This is generally the process you need to go through but dont be discouraged and don't be complacent with his DACA because it does not give him anything other than privilege not to be placed in removal proceedings for two years. In any case you do need to have your own attorney to review your case and give you proper advice.


  2. Talk to your attorney, best thing to do. DO not put us in a situation when we have to second-guess your lawyer.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. You were given a timeline for paying fees and submitting other documentation. Do consult with your attorney, who will guide you on how to proceed. Good luck.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  4. If you paid NVC fees they expire after one (1) year unless you communicate with NVC before the 1 year passes. Speak to your lawyer.

    Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.


  5. NVC will cancel the case if no action is taken to their notifications for one year.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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