Didn't get approved I-130 in the first time

arts4611

New Member
Hi all,

One of my good friends and his wife had an interview for I-130 today and didn't get an approval for green card right away.

There is a problem with current status. He got here with F1. He screwed up his political assylum interview and got denied for it. Then he got his F1 status back, but finished his school over a year ago. So, he is literally overstayed and out of status.

He and his wife have known each other for more than 5 years and got married4 months ago. At today interview, USCIS personal asked them many questions and finally said he couldn't approve it right away and had to wait for finger print result.

My question is if there is any chance that they will not get approval at all.

Thanks,
Jus
 
There is no way to give you a definitive answer. I would wait 30 days and then inquire as to the status of the application.
 
People get denied all the time for various reasons. Its hard to predict in advance, especially with so little information. Conversely, just because these people didn't get approved immediately, that doesn't mean they won't... more likely the namecheck simply hasn't cleared yet.

On the face of it, if the person entered the country legally, it doesn't matter if they overstayed their F1 visa and are now out of status since this is forgiven when applying for a GC through a USC immediate relative (e.g. spouse)
 
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