Legal Question in Immigration Law in California

I130 approved but not eligible for AOS? my dad is not a citizen but our I130 is approved, we are overstay. what would happen?


Asked on 7/28/09, 7:09 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

If you are not eligible for adjustment of status, it means that you cannot file the form I-485 and apply for a green card while staying in USA. You will have to apply for immigrant visas abroad at the US Consulate in your home country (when the priority date is current). Approval of I-130 means very little as long as your priority date is not current yet, and you are not eligible for adjustment of status.

When you leave the USA to go to your country, you will automatically trigger a 10-year inadmissibility bar, which means that a visa will be denied. You will be given an option to file a Waiver application. Only if it's granted, a visa will be granted. Grant of the waiver is never guaranteed.

If you require a detailed consultation or legal assistance, you are welcome to contact me at my immigration law office at Attorney [@] law-visa-usa.com

Read more
Answered on 7/29/09, 1:22 am


Related Questions & Answers

More Immigration Law questions and answers in California