Immigration Help

T

titanman4you

Registered Users (C)
An individual (U.S. citizen wife and and illegal Mexican) hired an attorney to file their immigration paper. The individual is a U.S. citizen and married to an illegal alien, the paperwork was filed by their previous attorney. This attorney received an I-130 approval and the application has been sent to the NVC. However, this petition was approved in 2004. Its been 5 years since filing, and there have been no other communications from the attorney nor the USCIS. Do you think the case has been closed? If not, why is there a delay? Also, the illegal alien is in U.S. I don’t understand why the USCIS sent his approved I-130 petition to the consulate. Hopefully, you can enlighten me on this.
 
titanman4you said:
An individual (U.S. citizen wife and and illegal Mexican) hired an attorney to file their immigration paper. The individual is a U.S. citizen and married to an illegal alien, the paperwork was filed by their previous attorney. This attorney received an I-130 approval and the application has been sent to the NVC. However, this petition was approved in 2004. Its been 5 years since filing, and there have been no other communications from the attorney nor the USCIS. Do you think the case has been closed? If not, why is there a delay? Also, the illegal alien is in U.S. I don’t understand why the USCIS sent his approved I-130 petition to the consulate. Hopefully, you can enlighten me on this.
Click to expand...

Did you file I-485 along with I-130? There are 2 paths to get green card - one is for those who are in the US and for them I-485 petition should be filed. The other option is to get an immigrant visa at a US consulate overseas. At the time of filing one chooses which path to take. Looks like in your case the immigrant-visa-thru-US-consulate option was selected and therefore USCIS forwarded approved petition to NVC for further processing at a US consulate.
 
Because of being in the US illegally for years, this person will not be eligible to obtain a green card at a US consulate. Once he leaves the US before obtaining a green card, he will barred from reentering the US for 10 years.

This section "The Physical Green Card" is for people whose green cards have already been approved, and their problem is with the plastic card itself, like it got lost or has a misspelled name. For more answers to your situation, ask in the Family Based Green Cards section.
 
Last edited by a moderator:
Thank you for your response. Your response was very helpful. However, what if the US government doesn't know if the individual is here illegally in the U.S. and goes back to the country of origin without any detection? This individual is a good friend of mine, and he has not yet been detected by the immigration officials. I was considering him to go back to his country of origin and setup an interview for his petition at the U.S. consulate. His I-130 has been approved and sent to the NVC.

Your response is appreciated.
 
I'm assuming they married in the US?
Wont the marriage certificate state this and thus prove he was in the US?
How did he fill out his biographic information?? Hopefully he didnt falsify them- this can result in a lifetime bar from the US. If he was truthful on his biographic information, then 'sneaking' back will be fruitless.
 
You must log in or register to reply here.
Top