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What is the next step after receiving Notice of Action I797 for Husband or Wife of permanent Resident Petition?

Los Angeles, CA |

My priority date is February 15. My husband or wife of permanent resident 203a2a petition was recently approved. What is the next step? Do I have to file an additional application to obtain the biometric process?

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Attorney answers 2


If the I-130 requested consular processing for an immigrant visa, then the approved I-130 will be sent to the National Visa Center which will communicate with you about the application form, original documents, and affidavit of support that need to be sent there (first you will have to pay the processing fees to the NVC). If you are in lawful nonimmigrant status in the US, and you continue to maintain your status, then you may be able to file an I-485 application to adjust status once your priority date becomes current. That process will involve biometrics, but you can't file that until your priority date is current, which may not happen for several years.


You will need to wait for the priority date to become current before you can proceed to the next step. The next step will depend on the immigration status of the person being petitioned and where they are living.

The statement above is general in nature, 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.

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