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My husband is in mexico and i filed an I-130, since march 2013 . it was sent to the national beniit center, why?

Spartanburg, SC |

I filed and i-130 for my husband, and received my letter that it was sent to the national benifit center. how long does it take before i can get and approval. it has been 3 months and havent heard nothing yet??? Can he apply for a work visa?? does he qulify for a visa to come over here while he waits for an answer?? My husband has been in the USA before but left.... will he still have to apply for I-601??

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Attorney answers 5


Hire a lawyer. He or she will explain to you that it is part of the normal process.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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 months isn't very long. I believe that these are currently taking around 8 months:

Yes, if he was in the US w/o proper documents for more than 6 months, he'll need a waiver.

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3 months is not a long time for a family based petition. If you have so many concerns, especially regarding the requirement of a waiver, you should retain an attorney.

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The paperwork was sent to the national benefits center because that is where the application will be decided. The process takes about 6 months. No he cannot apply for a work visa. Because he was here illegally before he cannot come and wait here while the applications are pending and yes he will need a 601 waiver. Hire a lawyer to help.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


You have a lot of questions. Please consult with an attorney. Whether your husband qualifies for an I-601 depends on whether he has multiple illegal entries or one illegal entry and unlawful presence longer than one year. He does not have any chance to have a nonimmigrant visa such as a work visa. It can take up to 6 months for an I-130 to be approved. I hope this helps. My office number is 704-568-9228, if you would like a free consultation.