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 do not form attorney-client relationship. Always consult an attorney for a legal advice.
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An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
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.
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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.