Can I travel while I-130 is pending?

If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless, it is possible to visit the US with a pending I-130, and we have seen many clients do it.

Can I travel if I have a pending immigration case?

If you decide to travel regardless of the risks, you will need to submit USCIS Form I-131, Application for Travel Document to USCIS in order to receive what's called "advance parole" (permission to reenter the U.S. before your application is approved).

What to do when I-130 is pending?

By presenting as much evidence as possible, you can successfully obtain a visitor visa despite having a pending I-130 petition, but the BURDEN IS ON THE APPLICANT TO PROVE THAT THEY WILL NOT OVERSTAY THEIR VISA AND THAT THEY WILL RETURN BACK TO THEIR HOME COUNTRY TO CONTINUE IMMIGRANT VISA PROCESSING.

Can spouse travel while I-130 visa is processing?

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending? If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.

How long does it take I-130 to be approved 2022?

Approximately 6 to 12 Months After Filing

Again, the number of immigrant visas (green cards) issued to immediate relatives of U.S. citizens is unlimited. Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 month time frame, but they can take longer in some cases.

Can I travel with a pending I-130 family petition?

What are the current I-130 processing times?

If the I-130 is for a permanent resident filing for a spouse or child under 21, the processing time is 16-30 months. Whether you are in the U.S. or outside of the U.S., we can make your immigration process much easier.

Can I travel after I-130 is approved?

No, unfortunately the spouse seeking a green card is expected to remain abroad until their green card is approved. Once their green card is approved, they have 6 months to enter the United States.

Can I-130 be expedited?

Requesting Expedited Processing

These are: Severe financial loss to a company or person as long as the need for urgent action is not the result of the petitioner's or applicant's failure to timely file the benefit request or to timely respond to any requests for additional evidence.

What can cause I-130 to be denied?

If you didn't provide enough information for USCIS to make a decision, they may deny your Form I-130. Most likely, USCIS will issue a Request for Evidence (RFE) before the I-130 denial. If you fail to respond to the RFE or do not provide an adequate response, USCIS may deny the visa petition at that time.

Is it faster to file I-130 online?

According to USCIS, Form I-130 is one of the most widely used forms, and their transition to online, paperless filing was done in order to make their agency “more effective and more efficient.” Online filing often results in quicker and more streamlined case processing.

What is next when you USCIS Form I-130 get approved?

Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

What else should I file after my I-130 is pending?

If you are in the United States after USCIS approves the I-130 petition, you'll probably want to file an adjustment of status package. The adjustment package generally includes several mandatory USCIS forms and some optional forms.

Can I apply for green card while I-130 is pending?

It depends. Some individuals may be able to file Form I-485, Application to Adjust Status, concurrently with Form I-130 or shortly thereafter. Others people can't do this. One of the biggest determining factors is the qualifying relationship in the I-130 petition.

Can I file I 485 while I 130 is pending?

If you are applying for a marriage-based green card, you can file Form I-485 at the same time that your U.S. citizen spouse files Form I-130.

Can you travel during immigration process?

While you are waiting for your application for permanent residence (Form I-485) to be processed, you must be careful about traveling outside the United States. If you don't receive permission to travel before your trip, you might inadvertently cancel your permanent residence application.

Can you travel while waiting for immigrant visa?

If you need to leave the country while waiting on your green card, you can request a travel document from the USCIS. They may opt to issue you an Emergency Advance Parole document, which lets you leave the country and return without a visa.

How do I know if my I-130 is approved?

You can check your I-130 petition's status, and if you notice that your online case status is “approved,” but you still haven't received your NOA2, you can contact USCIS at 1-800-375-5283.

Can immigration judge approve I-130?

Once USCIS approves the I-130, the immigration judge will accept and make a decision on Form I-485, Application to Adjust Status or Register Permanent Residence. When reviewing the I-485, the immigration judge may apply special rules for people adjusting status in court rather than through USCIS.

Will USCIS speed up in 2022?

Applications for work permits saw an increase of processing times from 3.2 months in FY 2020 to 4.3 months in FY 2022.

Who is an immediate relative for I-130?

You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

How long is the waiting time at NVC after I-130 is approved?

First, USCIS has to send your file to the NVC. That can often take six to eight weeks after approval of the I-130, and possibly even longer. When NVC receives your case, it will send you a notification, typically via email. If you're a "preference relative" (on a waiting list), that delay won't affect you much.

How long does an expedite I-130 take?

There is no way to know how soon this will happen, but the expedited approval of I-130 typically takes 1-2 months altogether from the time of filing. Once the USCIS approves the I-130, they will send the case to the National Visa Center (NVC).

Can I stay in the U.S. while waiting for I-130?

If your family member or employer has merely started the process off for you, by filing what's known as a petition (typically on USCIS Form I-130 or I-140), that's not enough. A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States.

How do I know which office is processing my I-130?

The first three letters of your receipt number will tell you the exact service center that takes care of your application. Other than that, you can simply check out the list of application/petition types and the offices that process them, as well as which centers have jurisdiction over your state.

Does I-130 get approved before I-485?

When to File I-485 Application. In most cases, you must wait until I-130 approval before filing an I-485 application. However, there are two exceptions to this rule: Current filing is allowed for all immediate relatives of U.S. citizens because there is an unlimited number of visas for this group; and.