I-130 Emergency Processing?

[Tushkanchik]

Hello!

My husband, a GC holder, has filed an I-130 petition for me last April. He is also planning file for his citizenship in September 2006.

I was recently told about such thing as "emergency processing" of I-130, where the wait time is decreased from 4 years to approx. 8 months. The lawyer who suggested this explained that the fact that I am already in the US and am pregnant would make me eligible for such a special treatment.

Does this sound correct to you? Where can I read up on it in more detail?

I am currently on an H1-B but want to quit work to take care of the baby and join my husband who got a job in a different city.


Thanks!

 

[LucyMO]

I am sorry to tell you but the lawyer is milking you for money or is just ignorant. There is no preferential treatment for pregnant wives of LPRs. You still have to wait for him to become USC or for a visa number to become available if he continues to be LPR.

USCIS can process your I-130 in months, but it won't make your visa number available any faster.

 

[ari4u]

Hello!

My husband, a GC holder, has filed an I-130 petition for me last April. He is also planning file for his citizenship in September 2006.

I was recently told about such thing as "emergency processing" of I-130, where the wait time is decreased from 4 years to approx. 8 months. The lawyer who suggested this explained that the fact that I am already in the US and am pregnant would make me eligible for such a special treatment.

Does this sound correct to you? Where can I read up on it in more detail?

I am currently on an H1-B but want to quit work to take care of the baby and join my husband who got a job in a different city.


Thanks!

Sorry, havent heard anything about "emergency processing" before. You may want to verify this information with another lawyer as i think your lawyer is giving you wrong information.

What is possible is that after your husband gets his citizenship, he could upgrade the I-130 application which could get approved in like ~3-4 months after he upgrades (PD is always current and an immigrant visa is always available for the immediate relatives of a USC). This way you get eligible to file I-485 and quit your job.

 

[LucyMO]

Sorry to be a bit sarcastic, but the USCIS doesn't even have the power to expedite current cases of people who are married to USCs (due to a huge backlog), so (using common sense) why would they expedite a case of a pregnant wife of an LPR? how does that benefit the US?

Your lawyer seems to be a prohodimets, a term you should know. I-130s are now processed within months, especially if you are in CA or Vermont Service center regions. But it won't do you any good, since you can't apply for adjustment of status or an immigrant visa. So, in my humble opinion, your lawyer just wants more money for something that he knows is only going to take a couple of months and tell you that's he did it for your extra money.

please read about visa bulletins on www.travel.state.gov and immigrant visa numbers on www.uscis.gov. It's not complicated. You should be informed.

For those people with visa numbers unavailable for some time USCIS will process I-130 closer to the time when the visa number will become available. There was a memo about it this year. As soon as your spouse becomes a USC, you will be able to file for AOS and upgrade your I-130. Good luck!